Patna High Court
Ujjwal KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Bharatiya Nyaya Sanhita, 2023 — s. 140(1), 142, 3(5), 87
- Protection of Children from Sexual Offences (POCSO) Act — s. 10, 8
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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