Patna High Court
Vikky KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
Vikky Kumar was arrested in connection with a case alleging kidnapping of a minor daughter of an informant, charged under sections 137(2) and 14(3) of the Bihar Narcotic Substances Act and section 12 of the POCSO Act. The trial court recorded that the minor, in her statement under section 183 of the BNS Act, said she voluntarily accompanied the accused. The petitioner, who had been in judicial custody since 20‑11‑2025, sought regular bail, claiming innocence. The State opposed bail, highlighting the petitioner’s five prior criminal cases and the fact that the victim is a minor. After hearing both sides, the High Court granted regular bail on a bond of Rs.10,000 with two sureties, directing release pending trial.
Issues considered
- Whether the petitioner is entitled to regular bail despite charges under sections 137(2) and 14(3) of the Bihar Narcotic Substances Act and section 12 of the POCSO Act.
- Whether the minor’s statement of voluntary accompaniment affects the bail decision.
- Whether the petitioner’s criminal antecedent and the victim’s minority preclude the grant of bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 137(2), 14(3)
- Protection of Children from Sexual Offences Act, 2012 — s. 12
Subjects
- bail
- kidnapping
- minor
- POCSO
- criminal antecedent
- voluntary accompaniment
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32909 of 2026
Arising Out of PS. Case No.-30 Year-2025 Thana- DHANARUA District- Patna
======================================================
Vikky Kumar Son of Ranjit Prasad Resident of Malikpur, P.S.- Dhanarua,
District- Patna (Bihar)
... ... Petitioner/s
Versus
1. The State of Bihar
2. X Wife of Y Resident of Village- Sonamai, P.S.- Dhanarua, District- Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nikhil Kumar Singh, Advocate
For the Opposite Party/s : Mr. Nand Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 14-05-2026 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 sections 137(2) and
14(3) of BNS and Section 12 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 from perusal of the
order of the learned trial court, it transpires that the learned trial
court has recorded that “ the minor victim in the statement under
Section 183 of BNSS has stated that she voluntarily accompanied
Patna High Court CR. MISC. No.32909 of 2026(2) dt.14-05-2026
2/2
the petitioner/accused.” Moreover, the petitioner is languishing in
judicial custody since 20.11.2025.
5. Learned APP for the State has vehemently opposed
the prayer for bail and has submitted that petitioner is having
criminal antecedent of five cases and the victim is minor.
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
Dhanarua P.S. Case No. 30 of 2025 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned District and Additional
Sessions Judge VII cum Exclusive Special Judge, POCSO II,
Patna.
(Ashok Kumar Pandey, J)
Shubham/-
Sneha/-
U T
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