Patna High Court
Mukesh Kumar @ Mukesh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioner, subject to a bail bond and sureties.
Summary
Mukesh Kumar (also known as Mukesh Yadav) was arrested in connection with a case registered under Section 96 of the BNS and Sections 4 and 12 of the POCSO Act for allegedly abducting a minor girl. The petitioner contended that he was innocent and that he and the victim were in a consensual relationship and had married. He applied for regular bail, having been in custody since 6 January 2026. The learned counsel argued that the relationship and alleged marriage negated the seriousness of the alleged offence. The High Court, after considering the submissions, allowed the bail application, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties of the same amount. The court clarified that its order was limited to the bail application and did not prejudice the merits of the trial.
Issues considered
- Whether regular bail should be granted to an accused in a case involving alleged abduction and offences under the POCSO Act.
- Whether the alleged consensual relationship and marriage between the accused and the minor affect the bail considerations.
Legislation cited
- BNS — s. 96
- Protection of Children from Sexual Offences Act, 2012 — s. 12, 4
Subjects
- bail
- abduction
- POCSO Act
- relationship
- marriage
- high court
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21708 of 2026
Arising Out of PS. Case No.-200 Year-2025 Thana- SIKANDRA District- Jamui
======================================================
Mukesh Kumar @ Mukesh Yadav Son of Dashrath Yadav R/o Village -
Kodwariya, P.S. - Chandradeep, Dist. - Jamui(Bihar).
... ... Petitioner/s
Versus
1. The State of Bihar
2. X Son of Y R/o Village - Manpur, P.S. - Sikandarpur, Dist. - Jamui.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pramod Kumar
For the Opposite Party/s : Mr.Nagendra Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 07-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks regular bail in connection
with Sikandra P.S. Case No. 200 of 2025 registered for the
offence under Section 96 of the BNS and later Section 4 and 12
of the POCSO Act.
3. As per the prosecution case, the petitioner is
accused of abducting the victim girl.
4. The petitioner is in custody since 6.1.2026 and it
has been submitted by the learned counsel for the petitioner that
the petitioner is innocent. He further submits that the victim girl,
mentioned in the impugned order, it appears that the victim girl
and the petitioner were in relationship and they have got
Patna High Court CR. MISC. No.21708 of 2026(2) dt.07-04-2026
2/2
married.
5. Considering the aforesaid facts, this application is
allowed.
6. 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 Sikandra P.S.
Case No. 200 of 2025.
7. 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
expressed any opinion on the merits of the case.
(Sandeep Kumar, J)
Vikas/-
U
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