Patna High Court
Rohit Kumar @ Rohit MukhiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court held that the victim’s voluntary statement prima facie negates the kidnapping and POCSO allegations and consequently granted bail to the petitioner.
Summary
The petitioner, Rohit Kumar, was named in an FIR for alleged kidnapping of a 16‑year‑old girl and offences under the IPC and POCSO Act. The girl was later found and gave a statement under Section 183 of the Bihar Negotiable Sale Act, claiming she left home voluntarily, married the petitioner in Delhi, and was now living with him. A medical examination indicated her age to be between 18 and 19 years, casting doubt on the applicability of the POCSO provisions. The petitioner’s counsel argued that the voluntary statement negated the kidnapping and sexual assault allegations and that the petitioner had a clean record. The learned Additional Sessions Judge opposed bail, but the High Court, noting the prima facie lack of evidence, directed that the petitioner be released on bail subject to conditions under Section 482(2) of the BNSS.
Issues considered
- Whether the victim’s voluntary statement under Section 183 BNSS negates the kidnapping allegation under the IPC.
- Whether the victim’s age, as determined by medical examination, renders the POCSO provisions inapplicable.
- Whether bail can be granted in the present case under Section 482(2) of the BNSS.
Legislation cited
- Bihar Negotiable Sale Act — s. 183, 482(2)
- Indian Penal Code — s. 34, 363, 365, 366A
- Protection of Children from Sexual Offences Act — s. 4, 8
Subjects
- kidnapping
- POCSO
- bail
- minor
- voluntary statement
- Section 183
- Section 482
- IPC
- age of consent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41969 of 2026
Arising Out of PS. Case No.-159 Year-2023 Thana- PAKRIDAYAL District- East Champaran
======================================================
Rohit Kumar @ Rohit Mukhiya S/o Faguni Mukhiya R/o vill - Thikahan,
Bankat, P.S.- Pakridayal, Distt.- East Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXX W/o YYY R/o vill - Thikha Bankat, P.S.- Pakaridayal, Distt.- East
Champaran, Motihari
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajan
For the Opposite Party/s : Mr.Chandra Sen Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 01-07-2026 Heard the parties.
2. The petitioner is named in the F.I.R. and apprehending
his arrest in connection with Pakridayal P.S. Case No.159/2023
registered for the offences punishable under Sections 363, 365,
366(A) and 34 of the IPC and Sections 4 and 8 of the POCSO Act.
3. The allegation against petitioner is to kidnap the minor
daughter of informant aged about 16 years for the purpose of illicit
intercourse or marriage with another person.
4. It is submitted by learned counsel appearing on behalf
of the petitioner that during the course of investigation daughter of
informant was recovered, and her statement was recorded under
Section 183 of the BNSS, where she categorically stated that she out
of her own sweet will left her parental home as she was in love with
this petitioner and went Delhi together, where after they solemnized
marriage in a temple at Delhi and thereafter living as husband and
Patna High Court CR. MISC. No.41969 of 2026(2) dt.01-07-2026
2/2
wife happily. It is submitted that petitioners has a child with victim. It
is pointed out that upon medical examination age of victim found
between the age group of 18-19 years and, therefore, implication of
petitioner under POCSO Act also appears not convincing. Petitioner
claimed clean antecedent.
5. Learned APP opposes the prayer of bail.
6. In view of aforesaid factual submission and by taking
note of fact that as victim prima-facie negates allegation of
kidnapping and sexual assault against petitioner, while recording her
statement under Section 183 of the BNSS, accordingly petitioner
above-named, in the event of his arrest or surrender before the court
below within a period of four weeks, is directed to be released on
bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of the
learned 7th Additional Sessions Judge cum Special Judge POCSO
Motihari, East Champaran/concerned Court, where the case is
pending in connection with Pakridayal P.S. Case No.159/2023,
subject to the conditions as laid down under Section 482(2) of BNSS.
(Chandra Shekhar Jha, J)
S.Tripathi/-
U
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