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Patna High Court

Ujjwal KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Anticipatory bail was denied to the petitioner.

Summary

The petitioner, Ujjwal Kumar, sought anticipatory bail fearing arrest in a case (PS Harsidhi No.707/2024) alleging kidnapping, assault, and offences under the Bharatiya Nyaya Sanhita and the POCSO Act. The prosecution alleged that the petitioner, with others, forcibly abducted a minor, took her to a forest, tied her up and assaulted her. The Court examined the seriousness of the allegations, especially the alleged kidnapping and sexual offences against a minor. Considering the gravity of the charges, the Court declined to grant anticipatory bail. The petitioner was ordered to surrender within two weeks to obtain regular bail, failing which the police would be directed to arrest him. The order was limited to the anticipatory bail application and does not prejudice later proceedings.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in a case involving alleged kidnapping and offences under the Bharatiya Nyaya Sanhita and POCSO Act

Legislation cited

Subjects

  • anticipatory bail
  • kidnapping
  • child sexual offence
  • POCSO Act
  • criminal procedure
  • bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27471 of 2025
                  Arising Out of PS. Case No.-707 Year-2024 Thana- HARSIDHI District- East Champaran
                 ======================================================
                 Ujjwal Kumar Son of Mohan Mahato Resident of Village - Dhankheriya,
                 Police Station - Harsidhi, District - East Champaran at Motihari.

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar Bihar
           2.    Sunila Devi Wife of Subhash Mahto Resident of Village - Dhankheriya,
                 Police Station - Harsidhi, District - East Champaran at Motihari.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Shashank Shekhar
                 For the Opposite Party/s :       Mr.Aditya Narayan Singh.1
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   17-02-2026                  Heard the learned counsel for the petitioner and the

                   learned counsel for the State.

                                2. The petitioner apprehends arrest in connection with

                   Harsidhi P.S. Case No. 707 of 2024 registered for offences

                   under Sections 87, 140(1), 142 and 3(5) of the Bharatiya Nyaya

                   Sanhita, 2023 and Section 8 and 10 of the POCSO Act.

                                3. As per the prosecution case, the petitioner, along

                   with others, is accused of forcibly abducting the victim and

                   taking her to a forest. There, the accused persons allegedly tied

                   the victim and subjected her to physical assault.

                                4. Considering the allegations levelled against the

                   petitioner of kidnapping the minor girl and keeping her tried in a
            Patna High Court CR. MISC. No.27471 of 2025(3) dt.17-02-2026
                                                        2/2




                      tree, this Court is not inclined to grant the privilege of

                      anticipatory bail to the petitioner in the present case.

                                    5. Accordingly, the application for anticipatory bail is

                      hereby rejected.

                                    6. The petitioner is directed to surrender in the court

                      below within a period of two weeks from today and seek regular

                      bail, failing which the Superintendent of Police, East

                      Champaran, Motihari will take all steps for the arrest of the

                      petitioner.

                                    7. It is, however, clarified that the observations made

                      herein are limited to the adjudication of the present application

                      and shall not prejudice the case of the petitioner at any

                      subsequent stage of the proceedings.

                                    8. Let a copy of this order be communicated to the

                      Superintendent of Police, East Champaran, Motihari through

                      FAX for its compliance forthwith.



                                                         (Sandeep Kumar, J)
Shishir/-

U       T


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