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Patna High Court

ChanKishore Kumar @ Chandrashekhar Kumar @ KailaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                                          2/2




                        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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