Patna High Court

Ashok SinghversusThe State of Bihar

Decided: 10 April 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted regular bail to the petitioner.

Summary

Ashok Singh was arrested in a case alleging kidnapping and assault of a minor under IPC sections 363, 354(A) and 34. The prosecution claimed he, along with Juli Devi, abducted the informant's daughter for immoral purposes. The petitioner contended he was innocent, citing the victim's statements under Cr.P.C. sections 161 and 164 which implicated only Juli Devi and not him. He also argued that the informant habitually files false cases and that similarly situated co‑accused had been granted bail in a recent judgment. The State opposed the bail application. After considering the victim’s testimony, the lack of direct allegation against the petitioner, and the precedent, the court ordered his release on regular bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

Whether the petitioner is entitled to regular bail in a case of kidnapping and assault under IPC sections 363, 354(A) and 34.

Legislation cited

Code of Criminal Procedure, 1973 — s. 161, 164
Indian Penal Code — s. 34, 354A, 363
Protection of Children from Sexual Offences Act

Subjects

bail
kidnapping
IPC
CrPC
POCSO
false complaint
habitual complainant

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1746 of 2026
                     Arising Out of PS. Case No.-242 Year-2023 Thana- CHAUTHAM District- Khagaria
                 ======================================================
                 Ashok Singh Son of Late Sahdeo Singh R/o - Patel Nagar, P.S.- Choutham,
                 Distt.- Khagaria.

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar Bihar
           2.    X Wife of Y R/o vill.- Patel Nagar, P.S.- Choutham, Distt.- Khagaria.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Vikramadit, Advocate
                 For the Opposite Party/s :       Mr.Ram Priya Sharan Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

4   10-04-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioners have prayed for regular bail in a

                   case registered for the offence punishable under sections 363

                   and 354(A) and 34 of the Indian Penal Code.

                                3. The case of the prosecution is that the petitioner

                   along with Juli Devi have kidnapped the minor daughter of the

                   informant for immoral purposes.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and have committed no offence. It is

                   further submitted that during course of investigation, the victim

                   was recovered and she has given her statement recorded under

                   Sections 161 and 164 of the Cr.P.C. wherein she has stated that
Patna High Court CR. MISC. No.1746 of 2026(4) dt.10-04-2026
                                            2/3




          one Juli has called her to have meal at her house, there four

          persons were present. The petitioner was also there. As she

          consumed the food, she started sleeping and she was at Katihar

          when she woke up. Two boys were there who disclosed her that

          she has been sold by by Juli Devi. They took her to a Jungle and

          performed ‘galat kaam’ there with her. It is further submitted

          that after this case also, the mother of the victim again filed a

          case regarding kidnapping of the victim of this case. The

          informant is habitual in filing false cases. Moreover, main thrust

          of allegation is against Juli Devi. From perusal of the statement

          of the victim under Sections 161 and 164 of the Cr.P.C. it is

          clear that there is no allegation against the petitioner. It is

          further submitted that similarly situated co-accused persons

          have been granted bail by a Bench of this Court vide order dated

          31.01.2026 passed in Cr. Misc. No. 84695 of 2025. Moreover,

          they are languishing in judicial custody since 04.11.2025 having

          no criminal antecedent.

                       5. Learned APP appearing for the State has

          vehemently opposed the prayer of regular bail.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this court is

          inclined to enlarge the petitioner on bail. The above named
            Patna High Court CR. MISC. No.1746 of 2026(4) dt.10-04-2026
                                                        3/3




                      petitioner is directed to be released on bail in connection with

                      Chautham P.S. Case No. 242 of 2023 each on furnishing bail

                      bond of Rs.10,000/- (ten thousand) with two sureties of the like

                      amount each to the satisfaction of learned Special Judge

                      POCSO Act, Khagaria.



                                             (Ashok Kumar Pandey, J)
Jagdish/-

U       T

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