Patna High Court
Mukesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted bail to the petitioner subject to a bond and sureties.
Summary
Mukesh Kumar was arrested in connection with a Special POCSO case (No. 134 of 2024) for alleged abduction and offences under Sections 363, 366 of the IPC and Section 8 of the POCSO Act. He had been in custody since 11 October 2024. The petitioner applied for bail, arguing that the victim had travelled to Chennai with him. The Patna High Court examined the bail application, noting the seriousness of the charges but also the need to balance liberty with the investigation. The Court allowed the bail application, directing release on a bond of Rs. 10,000 with two sureties, while expressly stating that this order does not prejudice the trial's merits.
Issues considered
- Whether bail should be granted in a POCSO case involving alleged abduction and sexual offences against a child
Legislation cited
- Indian Penal Code — s. 363, 366
- Protection of Children from Sexual Offences Act — s. 8
Subjects
- bail
- POCSO
- kidnapping
- child sexual offence
- high court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19282 of 2026
Arising Out of PS. Case No.-2 Year-2024 Thana- PARASBIGHA District- Jehanabad
======================================================
Mukesh Kumar S/o- Arjun Bind @ Kabir Bind Village- Shahpur PS- Parash
Bigha District- Jehanabad
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. XXX S/o- YYY R/v- Yarpur Banglapar Po- Pinjour Ps- Parash Bigha Dist-
Jehanabad
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anil Kumar Singh
For the Opposite Party/s : Mr.Ram Priya Sharan Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 31-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Special POCSO Case No. 134 of 2024 arising out of
Parashbigha P.S. Case No. 02 of 2024 registered for the offence
under Sections 363, 366 of the Indian Penal Code and under
Section 8 of the POCSO Act.
3. As per the prosecution case, the petitioner is
said to have abducted the victim.
4. The petitioner in custody since 11.10.2024.
5. From the impugned order, it appears that the
victim had travelled to Chennai with the petitioner.
Patna High Court CR. MISC. No.19282 of 2026(2) dt.31-03-2026
2/2
6. Considering the aforesaid facts, this application
is allowed.
7. Let the petitioner, above named, be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned concerned Court below in connection with Special
POCSO Case No. 134 of 2024 arising out of Parashbigha P.S.
Case No. 02 of 2024.
8. It is, however, clarified that the observations
made herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
Vikas/-
U
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