Patna High Court

Ankit ThakurversusThe State of Bihar

Decided: 21 January 2026
Disposal: BAIL GRANTED
Bench: NAWNEET KUMAR PANDEY

Holding

The court granted regular bail to the petitioner subject to bond and surety conditions.

Summary

Ankit Thakur was arrested in connection with a case alleging kidnapping of a minor girl for marriage, invoking IPC Sections 366A and 363 and Section 8 of the POCSO Act. The petitioner claimed innocence, asserting the victim was over 17 and that her initial statement under Section 161 supported him, but she later retracted under parental pressure in a statement under Section 164. The State argued the victim was below 18 and that the accused had kidnapped her. The court noted the petitioner had been in custody for over a year and, after considering the circumstances, ordered regular bail on a bond of Rs.10,000 with two sureties, subject to cooperation with the trial. The bail order was directed to the lower court for implementation.

Issues considered

Whether regular bail can be granted to the accused in offences under IPC Sections 366A, 363 and POCSO Act Section 8, considering the alleged age of the victim and the length of pre‑trial detention.

Legislation cited

Code of Criminal Procedure, 1973 — s. 161, 164
Indian Penal Code — s. 363, 366A
Protection of Children from Sexual Offences Act — s. 8

Subjects

regular bail
kidnapping
child sexual offence
POCSO Act
IPC
CrPC
age of consent
pre‑trial detention

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38746 of 2025
                 Arising Out of PS. Case No.-138 Year-2024 Thana- PAKRIDAYAL District- East Champaran
                 ======================================================
                 Ankit Thakur S/O Krishna Thakur Village- Sekhauna, P.S.- Phenhara,
                 District- East Champarran                        ... ... Petitioner/s
                                             Versus
           1.     The State of Bihar
           2.     Mahesh Das S/O Satan Das R/O Village-Ajgari,PS-Parkridayal, Distt-East
                  Champaran                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Krishna Kant Singh
                 For the Opposite Party/s :       Mr.Anil Prasad Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

5   21-01-2026                   Heard the learned counsel for the petitioner as well as

                   the learned Additional Public Prosecutor for the State.

                                2. The petitioner is seeking regular bail in connection

                   with Pakridayal P.S. Case No. 138 of 2024, registered for the

                   offences punishable under Sections 366A of the Indian Penal Code

                   and Sections 363 of the IPC and Section 8 of the POCSO Act..

                                3. As per allegation, the accused persons, including the

                   petitioner, kidnapped the minor daughter of the informant for the

                   purpose of marriage.

                                4. The learned counsel for the petitioner has submitted

                   that the petitioner is innocent and has falsely been implicated in

                   this case. He has further submitted that the victim is above 17

                   years of age. As a matter of fact, there was love and affection

                   between the petitioner and the victim. In her statement recorded

                   under Section 161 of the CrPC, she did not support the prosecution
           Patna High Court CR. MISC. No.38746 of 2025(5) dt.21-01-2026
                                                       2/2




                     case. However, under pressure from her parents, she retracted from

                     her earlier version and supported the prosecution case in her

                     statement recorded under Section 164 of the CrPC. He has also

                     submitted that the petitioner is a person of clean antecedent and

                     has been in custody since 10.02.2025.

                                  5. On the other hand, the learned APP for the State has

                     opposed the prayer for bail and submitted that the victim is below

                     18 years of age. The petitioner, along with the other co-accused,

                     has kidnapped her.

                                  6.   Considering        the    above-mentioned   facts   and

                     circumstances especially the period of incarceration i.e. more than

                     one year, let the petitioner above-named, is directed to furnish bail

                     bond and on doing so, the court below shall release the petitioner

                     on bail on furnishing bail bonds of Rs.10,000/- with two sureties

                     of the like amount each to the satisfaction of learned ACJM-VIII,

                     East Champaran/Concerned Court in connection with Pakridayal

                     P.S. Case No. 138 of 2024, subject to the following conditions 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)
Nirmal/-
U      T

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