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Patna High Court

Raj KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioner, directing him to furnish a bond of Rs.10,000 with two sureties.

Summary

Petitioner Raj Kumar was arrested in connection with a case registered under Sections 126(2), 115(2), 96, 352, 351(2), 3(5) of the Bihar Penal Code and Sections 8 and 12 of the POCSO Act, alleging that he kidnapped the minor daughter of an informant. The petitioner contended that the alleged incident was a consensual relationship between two adolescents and that the victim voluntarily fled with him, citing her statement under Section 183 of the BNSS. He further argued that the FIR was lodged nine days after the alleged occurrence and that he has no prior criminal record. The State opposed bail, emphasizing the seriousness of the offences involving a minor. After hearing both sides, the Patna High Court granted bail on the condition of a Rs.10,000 bond with two sureties, directing the petitioner to appear before the Special Judge, POCSO Act, East Champaran.

Issues considered

  • Whether bail should be granted in a case involving alleged kidnapping and offences under the POCSO Act.
  • Whether the victim's statement indicating voluntary departure negates the charge of kidnapping.
  • Whether the seriousness of the alleged offences warrants denial of bail.

Legislation cited

Subjects

  • bail
  • kidnapping
  • POCSO Act
  • minor
  • consent
  • criminal procedure
  • court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21527 of 2026
                 Arising Out of PS. Case No.-36 Year-2026 Thana- TURKAULIYA District- East Champaran
                 ======================================================
                 Raj Kumar son of Ramesh chaudhary @ Chirai Resident of Village
                 -Turkauliya Koraiya PS -Turkauliya District -East Champaran

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    XXX Wife of Harendra Paswan Resident of village- Turkauliya chowk,
                 Ward no. 09, Po and Ps- Turkauliya, Dist- East Champaran

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Karandeep Kumar, Advocate
                 For the Opposite Party/s :      Mr. Lalan Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   06-04-2026                     Heard learned counsel for the petitioner and the

                   learned APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Turkauliya P.S. Case No. 36 of 2026 registered for the

                   offence punishable under Sections 126(2), 115(2), 96, 352,

                   351(2), 3(5) of the BNS and Section 8/12 of the POCSO Act.

                                3. The case of the prosecution, in short, is that the

                   petitioner has kidnapped the minor daughter of the informant.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this

                   case. He further submits that from a perusal of the FIR, it is
Patna High Court CR. MISC. No.21527 of 2026(2) dt.06-04-2026
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          evident that the alleged occurrence took place on 10.01.2026,

          whereas the FIR was lodged on 19.01.2026. He also submits

          that from a perusal of the order of the learned trial court, it

          transpires that the learned trial court has recorded that the victim

          in her statement under Section 183 of the BNSS, stated that she

          had fled with the accused petitioner and went to Kolkata, where

          she stayed with him. He further submits that it is a case of a

          romantic relationship between two adolescents and that from the

          statement of the victim under Section 183 of the BNSS, it is

          clear that no one had kidnapped her, rather, she had gone with

          the petitioner of her own free will. Moreover, a statement has

          been made in para 3 of the petition that petitioner has no

          criminal antecedent and he is languishing in judicial custody

          since 20.01.2026.

                       5. The application for bail is opposed by learned APP

          for the State.

                       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

          petitioner is directed to be enlarged on bail on furnishing bail

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

          of the like amount each to the satisfaction of the learned 6 th
           Patna High Court CR. MISC. No.21527 of 2026(2) dt.06-04-2026
                                                       3/3




                     District & Additional Session Judge-cum-Special Judge,

                     POCSO Act, East Champaran in connection with Turkauliya

                     P.S. Case No. 36 of 2026.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


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