Patna High Court
Santu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted bail to the petitioner.
Summary
The petitioner, Santu Kumar, was arrested in connection with a kidnapping case involving a minor, alleged under Sections 137(2) and 96 of the Bharatiya Nyaya Sanhita and Sections 8 and 12 of the POCSO Act. He had been in custody since 28 September 2025 and claimed innocence, asserting that the alleged relationship with the victim was consensual. The victim's statement recorded under Section 180 of the BNSS was produced, indicating a consensual relationship. The State opposed the bail, but the Court considered the victim's statement and the length of custody, and consequently allowed the bail application. The Court ordered the petitioner to be released on bail upon furnishing a bond of Rs.10,000 with two sureties, while reserving its right to pass a separate judgment on the merits of the case.
Issues considered
- Whether bail should be granted to the accused in a kidnapping case involving a minor under the BNSS and POCSO Act, considering the victim's statement of a consensual relationship and the period of custody.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 137(2), 180, 96
- Protection of Children from Sexual Offences Act — s. 12, 8
Subjects
- bail
- kidnapping
- minor
- POCSO
- consensual relationship
- criminal procedure
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26931 of 2026
Arising Out of PS. Case No.-365 Year-2025 Thana- RANIYATALAB District- Patna
======================================================
Santu Kumar Son of Rudal Paswan R/O Village- Kab, P.S.- Rani Talab,
District- Patna (Bihar)
... ... Petitioner/s
Versus
1. The State of Bihar
2. X Son of Y R/O Village- Kab, P.S.- Rani Talab, District- Patna (Bihar)
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amit Kumar, Advocate
For the State : Mr.Bharat Bhushan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 22-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Ranitalab P.S. Case No. 365 of 2025 registered for the offence
punishable under Sections 137(2), 96 of the Bharatiya Nyaya
Sanhita and Sections 8 and 12 of the POCSO Act.
3. The petitioner is accused of kidnapping the minor
victim.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. The petitioner is in custody since 28.09.2025. learned
counsel for the petitioner has further relied upon the statement
of the victim girl recorded under Section 180 of the BNSS.
5. Learned APP appearing for the State opposes the
Patna High Court CR. MISC. No.26931 of 2026(2) dt.22-04-2026
2/2
prayer for regular bail of the petitioner.
6. From the statement of the victim girl, it appears that
the petitioner and the victim were in a consensual relationship.
7. Considering the aforesaid and the period of
custody, this application is allowed.
8. Let the petitioner, above named, be released on bail
on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of the learned
District & Additional Sessions Judge-VII-cum-Exclusive
Special Judge POCSO, Patna/ concerned Court in connection
with Ranitalab P.S. Case No. 365 of 2025.
9. A copy of the statement of the victim girl recorded
under Section 180 of the BNSS produced by the learned counsel
for the petitioner is taken on record.
10. 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 express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U T
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