Patna High Court
Rupesh Kumar RoyversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Rupesh Kumar Roy, was charged with kidnapping under IPC s.363, later amended to include IPC s.366A and Section 4 of the POCSO Act, for allegedly abducting the minor daughter of an informant. The victim was recovered and, under Sections 161 and 164 of the CrPC, gave a statement that she had gone voluntarily with the petitioner and had solemnised a marriage with him. Both the informant and the petitioner’s counsel conceded that the parties had reached a compromise and the petitioner had no prior criminal record. The petitioner applied for regular bail, arguing innocence and the victim’s consent, while the State opposed bail on the seriousness of the offences. After hearing both sides, the court noted the victim’s voluntary statement and the compromise, and ordered the release of the petitioner on bail with a bond of Rs.10,000 and two sureties. The bail order was directed to be satisfied to the Special Judge of the POCSO Act, Khagaria.
Issues considered
- Whether regular bail can be granted in a case involving kidnapping, IPC s.366A and POCSO offences when the victim has voluntarily testified and the parties claim a compromise.
- Whether the addition of Section 366A and Section 4 of the POCSO Act bars the grant of bail.
Legislation cited
- Criminal Procedure Code — s. 161, 164
- Indian Penal Code — s. 363, 366A
- Protection of Children from Sexual Offences Act — s. 4
Subjects
- bail
- kidnapping
- POCSO
- child sexual abuse
- consent
- marriage
- criminal procedure
- IPC
- compromise
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28419 of 2026
Arising Out of PS. Case No.-396 Year-2021 Thana- PARBATTA District- Khagaria
======================================================
Rupesh Kumar Roy S/o Late Anil Roy R/o Village - Dumariya Khurd, Ward
no. 5, P.S.- Parbatta, Distt.- Khagaria.
... ... Petitioner/s
Versus
1. The State of Bihar
2. XX S/o Late YY R/o Village - Nayagaon, Yadav Tola, P.S. - Parbatta, Dist. -
Khagaria.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjeet Kumar Singh, Advocate
For the Opposite Party/s : Mr. Rabindra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 06-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under section 363 of IPC and
later on Section 366(A) of IPC has been added and Section 4 of
the POCSO Act.
3. The case of the prosecution is that the petitioner has
kidnapped the minor daughter of the informant.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that during course of
investigation, the victim was recovered and she has given her
statement recorded under Sections 161 and 164 of the Cr.P.C.
wherein she has stated that she has gone with the petitioner on her
Patna High Court CR. MISC. No.28419 of 2026(2) dt.06-05-2026
2/2
own volition and she solemnized marriage with the petitioner.
Learned trial court has also recorded that the victim has given her
statement under Section 164 of Cr.P.C. wherein she has stated that
she herself has gone with the petitioner and has solemnized
marriage with him. Learned counsel has submitted that parties
have compromised their case. A statement has been made in para-3
of this petition that the petitioner has got no criminal antecedent.
Moreover, he is languishing in judicial custody since 23.03.2026.
5. Learned counsel for the informant has also conceded
to the argument of learned counsel for the petitioner.
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 released on bail in connection with
Parbatta P.S. Case No. 396 of 2021 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Special Judge, POCSO Act,
Khagaria.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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