Patna High Court
ChanKishore Kumar @ Chandrashekhar Kumar @ KailaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court allowed the petitioner's bail application.
Summary
The petitioner, ChanKishore Kumar, was arrested in connection with a case registered under Sections 96 and 3(5) of the B.N.S. and Section 12 of the POCSO Act, alleged to involve kidnapping of a minor. The petitioner contended that he was falsely implicated and that the alleged victim had voluntarily eloped and married him, emphasizing his clean antecedents and cooperation with the investigation. The State opposed the bail application, arguing the seriousness of the offences. The court examined the facts, including the victim's statement and the petitioner's conduct, and found no compelling reason to keep him in custody. Consequently, the court granted regular bail on the condition of a cash bond and two sureties, directing the petitioner to appear before the Special Judge, POCSO, Saharsa.
Issues considered
- Whether bail should be granted to the petitioner accused under Sections 96, 3(5) of the B.N.S. and Section 12 of the POCSO Act
- Whether the alleged elopement and marriage of the victim to the petitioner negates the kidnapping allegation
Legislation cited
Subjects
- bail
- kidnapping
- POCSO Act
- elopement
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4321 of 2026
Arising Out of PS. Case No.-41 Year-2025 Thana- SALAKHUA District- Saharsa
======================================================
ChanKishore Kumar @ Chandrashekhar Kumar @ Kaila Son of Ramchandra
Yadav R/V - Ghoghsam, Ward no. 1, P.S. - Simri Bakhtiyarpur, Dist. -
Saharsa.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sanjo Devi W/o Madan Yadav Resident of Village khojraha Ward No 16 P.S.
Salakhua District Saharsa
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pramod Mishra, Advocate
For the Opposite Party/s : Mr.Aditya Narayan Singh.1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 31-03-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned Additional Public
Prosecutor for the State.
2. The petitioner seeks bail in connection with
Salakhua P.S. Case No. 41/2025 registered for the offences
punishable under Sections 96, 3(5) of B.N.S. and Section 12 of
POCSO Act.
3. As per the prosecution case, petitioner is alleged of
kidnapping the victim.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in the
present case. Learned counsel further submits that from the
Patna High Court CR. MISC. No.4321 of 2026(3) dt.31-03-2026
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statement of the victim, it appears that she has eloped with the
petitioner and has got married to him. Petitioner has clean
antecedent and he is in custody since 13.09.2025. The petitioner
undertakes to co-operate in the case/ trial.
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner.
6. Considering the facts and circumstances of the
case, 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/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Special Judge, POCSO, Saharsa
/concerned Court below in connection with Salkhua P.S. Case
No. 41/2025.
(Sandeep Kumar, J)
tusharika/-
U T
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