Patna High Court
Raj KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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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