Patna High Court
Bittu kumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner.
Summary
The petitioner, Bittu Kumar, was implicated in an FIR alleging that on 16‑03‑2025 he, along with others, kidnapped the minor daughter of an informant for the purpose of marriage, invoking offences under Section 96 of the Bihar Negotiable Instruments Act (B.N.S.) and Sections 8 and 12 of the POCSO Act. The victim, however, gave a statement under Section 183 of the B.N.S. asserting that she had gone to Nepal of her own free will and denied any kidnapping. The petitioner, maintaining his innocence and clean antecedents, applied for anticipatory bail, while the State opposed the relief. No representative appeared for the informant. The Court, after considering the victim’s voluntary statement and the petitioner’s clean record, decided to grant anticipatory bail subject to a bail‑bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the B.N.S. The order directs that if arrested within eight weeks, the petitioner shall be released on bail on compliance with the stipulated conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the FIR alleging kidnapping and offences under the POCSO Act
- Whether the victim’s statement under Section 183 of the B.N.S. negates the prosecution’s case
- Whether the petitioner’s clean antecedents justify bail under Section 482(2) of the B.N.S.
Legislation cited
Subjects
- anticipatory bail
- kidnapping
- POCSO Act
- victim statement
- clean antecedents
- Section 96 B.N.S.
- Section 8 POCSO
- Section 12 POCSO
- Section 183 B.N.S.
- Section 482(2) B.N.S.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2065 of 2026
Arising Out of PS. Case No.-169 Year-2025 Thana- MOTIHARI MUFASIL District- East
Champaran
======================================================
Bittu kumar Son of Jagu Prasad @ Jageshwar Prasad Resident Of Village -
Godhawa Ps- Muffasil District -East Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sita Devi wife of Prabhu Ram Resident Of Village - Rulhi Ps- Muffasil
District -East Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Raki Alam, Advocate
For the State : Mr. Raj Kishor Singh, APP
For the Informant : None
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 06-04-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. Despite valid service of notice, no one appears on
behalf of the informant/Opposite Party No. 2.
3. The petitioner apprehends his arrest in a case
registered for the offence punishable under Section 96 of the
B.N.S. and Sections 8 and 12 of the POCSO Act.
4. As per prosecution case, it is alleged that on
16.03.2025, this petitioner, along with other F.I.R. named
accused persons, kidnapped minor daughter of informant for the
purpose of marriage while she had gone to attend call of nature.
Patna High Court CR. MISC. No.2065 of 2026(3) dt.06-04-2026
2/3
5. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. Allegations levelled against this
petitioner are false and concocted. During investigation, the
victim was recovered and in her statement recorded under
Section 183 of the B.N.S.S., she denied the factum of
kidnapping and has categorically stated that she went to Nepal
out of her own sweet will and no one kidnapped her. Petitioner
claims clean antecedents.
6. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioner.
7. Considering the facts and circumstances of the
case, statement of the victim recorded under Sections 183 of the
B.N.S.S. and clean antecedents of the petitioner, the prayer for
grant of anticipatory bail to the petitioner is allowed.
8. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioner be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned 6th District and Additional
Sessions Judge-cum-Exclusive Special Judge, POCSO Act, East
Patna High Court CR. MISC. No.2065 of 2026(3) dt.06-04-2026
3/3
Champaran, Motihari in connection with Muffasil P.S. Case No.
169 of 2025, subject to condition as laid down under Section
482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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