Patna High Court
Chhotu Kumar @ Chhotu Kumar RajakversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioner, holding that the circumstances warranted release on bail with conditions.
Summary
Chhotu Kumar was arrested for kidnapping a girl with alleged intent to marry her, charged under Section 96/3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 8 and 12 of the POCSO Act. He applied for regular bail, claiming innocence and a consensual love affair, and highlighted his clean antecedents and custody since 9 January 2026. The prosecution opposed bail, but the victim's statement recorded under Section 180 BNSS indicated she had eloped voluntarily with the petitioner. The court, after considering the submissions and the victim's statement, allowed the bail application, imposing a bond of Rs. 10,000 with two sureties and conditions of monthly police station attendance and regular trial participation. The order was made on a prima facie basis and does not prejudice the merits of the trial.
Issues considered
- Whether the petitioner is entitled to regular bail despite charges of kidnapping and offences under the POCSO Act.
- Whether the victim's voluntary elopement negates the alleged kidnapping offence.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 96/3(5)
- Protection of Children from Sexual Offences (POCSO) Act — s. 12, 8
Subjects
- bail
- kidnapping
- marriage
- POCSO
- voluntary elopement
- regular bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18132 of 2026
Arising Out of PS. Case No.-252 Year-2025 Thana- RAJAON District- Banka
======================================================
Chhotu Kumar @ Chhotu Kumar Rajak Son of Doman Rajak @ Domi Rajak
Resident of Village- Tekani, P.S.- Rajoun, District- Banka
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. XXX Son of Late Khutto Paswan Resident of Village- Tekani, P.S.- Rajoun,
District- Banka
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Suman Kumar
For the Opposite Party/s : Mr. Mukesh Kumar Singh
For the O.P. No. 2 : Mr. Md. Harun Quareshi
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 14-05-2026 Heard the learned counsel for the petitioner, the
learned APP for the State and the learned counsel for the O.P.
No. 2.
2. The petitioner seeks regular bail in connection with
Rajoun P.S. Case No. 252 of 2025 registered for the offence
under Section(s) 96/3(5) of the Bharatiya Nyaya Sanhita, 2023
and Section 8/12 of the POCSO Act.
3. As per the prosecution case, the petitioner is
accused of kidnapping the victim girl with intention to marry
her.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Patna High Court CR. MISC. No.18132 of 2026(3) dt.14-05-2026
2/3
Petitioner is in custody since 09.01.2026 having clean
antecedent. It is further submitted that there was a love affair
between the petitioner and the victim girl.
5. Learned A.P.P. for the State and the learned counsel
for the O.P. No. 2 have vehemently opposed the prayer for bail.
6. I have considered the submissions of the parties and
have gone through the records of the case. From the statement
of the victim girl recorded under Section 180 BNSS, it appears
that she had eloped with the petitioner on her own.
7. Considering the aforesaid facts and circumstances,
this application for regular bail is allowed.
8. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with Rajoun P.S. Case
No. 252 of 2025 subject to conditions that:-
(i). The petitioner will mark his
attendance at the Rajoun Police Station on
the first Sunday of each month. Any default
in appearance at the Police Station would
result in cancellation of bail bond of the
petitioner.
(ii) The petitioner shall appear in
the trial regularly either personally or
through his lawyer and shall cooperate in
Patna High Court CR. MISC. No.18132 of 2026(3) dt.14-05-2026
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the trial and non-cooperation in the trial
shall result in cancellation of the bail bond
of the petitioner.
9. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
sadique/-
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