Patna High Court
Gajendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner subject to bond and surety conditions.
Summary
The petitioner, Gajendra Kumar, was arrested on 24 February 2025 in connection with a Special POCSO case (No. 30 of 2025) arising from an alleged kidnapping of the informant's daughter. He is charged under Section 137(2) of the BNS and Sections 8 and 12 of the POCSO Act. The petitioner contended that he is innocent, that the victim’s statement under Section 183 of the BNSS indicated affection for him, and that he has been falsely implicated. The State opposed the bail application, citing the seriousness of the offences. The Court, after considering the facts and the victim’s statement, ordered the petitioner’s release on regular bail with a bond of Rs.10,000 and two sureties, subject to his cooperation in the trial. The order also required the petitioner to make himself available as and when required by the court.
Issues considered
- Whether regular bail can be granted to an accused in a POCSO case involving alleged kidnapping and offences under Sections 8 and 12 of the POCSO Act
- Whether the victim’s statement under Section 183 of the BNSS affects the bail consideration
Legislation cited
Subjects
- bail
- POCSO
- kidnapping
- child protection
- regular bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37346 of 2025
Arising Out of PS. Case No.-40 Year-2025 Thana- MEHANDIA District- Jehanabad
======================================================
Gajendra Kumar S/O Ramjanam Ram R/O Village- Maner Bigha @ Maneri
Bigha, P.S.- Mehandia ,Dist.- Arwal
... ... Petitioner/s
Versus
1. The State of Bihar Patna
2. Tapesher Ram S/O Late Gange Ram R/O Village- Lodipur, P.S.- Mehandia ,
P.O.- Sarwarpur, Dist.- Arwal
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Kumar, Adv.
For the State : Mr.J.N. Thakur, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
5 08-01-2026 Heard learned counsel for the petitioner as well
as learned APP for the State.
2. In this case, the petitioner is seeking regular bail
in connection with Special POCSO Case No. 30 of 2025 arising
out of Mehandia P.S. Case No. 40 of 2025, registered for the
offences punishable under Section 137(2) of the BNS, Section 8
and 12 of POCSO Act.
3. As per allegation, the petitioner kidnapped the
daughter of the informant.
4. The learned counsel for the petitioner has
submitted that the petitioner is innocent and has falsely been
implicated. The victim did not support the prosecution case in
Patna High Court CR. MISC. No.37346 of 2025(5) dt.08-01-2026
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her statement recorded under Section 183 of the BNSS.
According to her statement, she had love and affection with the
petitioner. The petitioner is under custody since 24.02.2025.
5. On the other hand, the learned APP for the State
has opposed the prayer for bail.
6. Considering the above-mentioned facts and
circumstances, let the petitioner above-named be released on
bail on furnishing bail bonds of Rs.10,000/- with two sureties
of the like amount each to the satisfaction of learned District &
Addl. Session Judge-VI-cum-POCSO, Jehanabad in connection
with Mehandia P.S. Case No. 40 of 2025 (Mahendia POCSO
Case No. 30 of 2025), subject to the condition that the petitioner
shall cooperate in the disposal of trial and make himself
available as and when required by the court.
(Nawneet Kumar Pandey, J)
kundan/-
U T
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