Patna High Court
Vikash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted regular bail to the petitioner.
Summary
Vikash Kumar was arrested in connection with a POCSO case alleging kidnapping of a minor girl, charged under Sections 96 and 64(1) of the Bihar Negotiable Statutes (2023) and Sections 4 and 6 of the POCSO Act, 2012. The petitioner claimed he had eloped with the girl by her own will and maintained his innocence, citing a clean antecedent and custody since 22‑12‑2025. The State opposed the bail application, arguing the seriousness of the offence. The Court, after considering the facts, allowed the regular bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties of equal amount, subject to Section 482(2) of the B.N.S.S. The judgment clarified that its observations were prima facie and not to influence the trial.
Issues considered
- Whether regular bail can be granted in a POCSO kidnapping case under Sections 96, 64(1) of B.N.S., 2023 read with Sections 4, 6 of the POCSO Act, 2012.
- Whether the petitioner’s claim of elopement and clean antecedent justify bail despite the seriousness of the offence.
Legislation cited
- Bihar Negotiable Statutes — s. 64(1), 96
- B.N.S.S. — s. 482(2)
- Protection of Children from Sexual Offences (POCSO) Act, 2012 — s. 4, 6
Subjects
- regular bail
- POCSO
- kidnapping
- prima facie
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41257 of 2026
Arising Out of PS. Case No.-456 Year-2025 Thana- RAGHOPUR District- Supaul
======================================================
Vikash Kumar Son of Manoj Sharma Resident of Village- Dhattatola
Dharmpur, Ward No. 08, P.S.- Raghopur and District- Supaul
... ... Petitioner/s
Versus
1. The State of Bihar
2. X S/o Y R/o Dumri Brahmsthan, P.S.- Raghopur and District- Supaul
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Verma, Adv.
For the Opposite Party/s : Mr. Ajay Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 24-06-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks regular bail in connection with
POCSO Case No. 21 of 2026 arising out of Raghopur P.S. Case
No. 456 of 2025, registered for the offence under Sections 96 &
64(1) of the B.N.S., 2023 read with Sections 4 & 6 of the
POCSO Act, 2012.
3. As per the prosecution case, the petitioner is
accused of kidnapping the victim girl.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Learned counsel submits that from the statement of the victim
girl, it appears that she has eloped with the petitioner by her
own will. The petitioner is in custody since 22.12.2025 having
clean antecedent.
Patna High Court CR. MISC. No.41257 of 2026(2) dt.24-06-2026
2/2
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances,
this application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Rs.
Ten Thousand Only) with two sureties of the like amount each
to the satisfaction of the learned Court below where the case is
pending/successor Court in connection with POCSO Case No.
21 of 2026 arising out of Raghopur P.S. Case No. 456 of 2025,
subject to the conditions as laid down under Section 482(2) of
the B.N.S.S.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
sadique/-
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