Patna High Court
Bablu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail is granted to the petitioner.
Summary
The petitioner, Bablu Kumar, was arrested in connection with a case registered under multiple IPC sections (341, 323, 504, 366(A), 34) and sections 6 and 7 of the POCSO Act, alleging kidnapping and sexual offences involving the daughter of an informant. The victim’s statement recorded under Section 164 of the Cr.P.C. indicated that she had a consensual relationship with the petitioner and had eloped with him. The State opposed the bail application, arguing the seriousness of the charges, especially under the POCSO Act. The Court examined the victim’s statement and, finding it relevant, allowed the bail application, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties of the same amount. The order expressly clarified that it did not express any opinion on the merits of the case, and the decision was solely for the purpose of granting bail.
Issues considered
- Whether bail should be granted to the petitioner despite charges under the IPC and POCSO Act.
- Whether the victim’s statement under Section 164 of the Cr.P.C. is sufficient to justify bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 164
- Indian Penal Code — s. 323, 34, 341, 366(A), 504
- Protection of Children from Sexual Offences Act — s. 6, 7
Subjects
- bail
- kidnapping
- POCSO Act
- IPC
- Criminal Procedure Code
- victim statement
- elopement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2146 of 2026
Arising Out of PS. Case No.-329 Year-2023 Thana- SANGRAMPUR District- East
Champaran
======================================================
Bablu Kumar Son of Gauri Kamakhya Sah @ Kamakhya Sah @ Gauri
Kamakhsya Sah R/V- Rajpur Pokhara, Turha Toli, Ward No.- 4, P.S.-
Sangrampur, District - East Champaran
... ... Petitioner
Versus
1. The State of Bihar
2. XX Son of Late Gena Rai R/V- Rajpur Mangalapur, Ward No.- 9, P.S.-
Sangrampur, District - East Champaran
... ... Opposite Parties
======================================================
Appearance :
For the Petitioner : Mr. Kundan Rathore@ Kundan Kumar, Advocate
For the State : Mr. Mohammed Arif, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 31-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Sangrampur P.S. Case No.329 of 2023 registered for the offence
under sections 341, 323, 504, 366(A), 34 of the Indian Penal
Code and under sections 6 and 7 of the POCSO Act.
3. The petitioner is accused of kidnapping the
daughter of the informant. He is in custody since 10.10.2025.
4. From the statement of the victim girl
recorded under section 164 of the Cr.P.C., it appears that she
was in a relationship with the petitioner and she had eloped with
him.
Patna High Court CR. MISC. No.2146 of 2026(4) dt.31-03-2026
2/2
5. Learned APP for the State has opposed the
prayer of the petitioner for grant of bail.
6. Considering the statement of the victim girl
recorded under section 164 of the Cr.P.C., this bail application is
allowed.
7. Let the petitioner, above named, be released
on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand)
with two sureties of the like amount each to the satisfaction of
learned 6th District & Additional Sessions Judge -cum-
Exclusive Special Judge, POCSO Act, East Champaran,
Motihari / concerned Court below, in connection with
Sangrampur P.S. Case No.329 of 2023.
8. It is clarified that this Court has not
expressed any opinion on the merits of the case and the
observations made by this Court is only for the purpose of
deciding this bail application.
(Sandeep Kumar, J)
pawan/-
U T
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