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Patna High Court

Dharmendra KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioner with specified conditions.

Summary

The petitioner, Dharmendra Kumar, was accused of kidnapping the minor daughter of an informant under Sections 137(2) and 87 of the Bharatiya Nyaya Sanhita and Sections 4 and 5 of the Protection of Children from Sexual Offences (POCSO) Act. The prosecution alleged that the child went missing on 15 July 2025 and was abducted by the petitioner. The petitioner claimed that he and the minor were in a consensual love relationship, had married in Goa, and were living together as husband and wife, a fact supported by the victim’s statement recorded under Section 183 of the BNSS. The petitioner sought anticipatory bail, while the second opposite party opposed it. The court, considering the victim’s statement, granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the BNSS.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner despite allegations of kidnapping and offences under the POCSO Act.
  • Whether the victim’s statement under Section 183 of the BNSS negates the prosecution’s case and justifies bail.
  • Whether the court can impose conditions under Section 482(2) of the BNSS while granting anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • kidnapping
  • POCSO
  • minor
  • marriage
  • Bharatiya Nyaya Sanhita
  • Section 183 BNSS
  • Section 482(2) BNSS
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4527 of 2026
                   Arising Out of PS. Case No.-257 Year-2025 Thana- MALAHI District- East Champaran
                 ======================================================
                 Dharmendra Kumar Son of Ramnath Mukhiya R/o Village - Ramsiriya Bin
                 Toli, P.S. - Malahi, Dist. - East Champaran.
                                                                    ... ... Petitioner/s
                                                      Versus
           1.     The State of Bihar
           2.     XYZ Son of Late Raghunath Ram R/o Village - Chatiya Tola Math, P.S. -
                  Malahi, Dist. - East Champaran.
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Bal Govind Sharma, Advocate
                 For the Opposite Party/s :       Mr. Ajit Kumar, A.P.P.
                 For the O.P. No. 2       :       Mr. Vijay Shankar Shrivastava,
                                                  Ms. Nisha Verma, Advocates
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   06-04-2026                    Heard learned counsel for the petitioner, opposite

                   party no. 2 and the State.

                                2. Petitioner apprehends arrest in a case registered for

                   the offences punishable under Sections 137(2), 87 of the

                   Bharatiya Nyaya Sanhita and Sections 4, 5 of the Protection of

                   Children from Sexual Offences Act.

                                3. Prosecution case, in brief, is that on 15.07.2025 at

                   about 4 AM, minor daughter of the informant went to attend

                   nature’s call but did not return. Upon inquiry, informant came to

                   know that this petitioner kidnapped his minor daughter.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence. As a matter

                   of fact, there was love affair between petitioner and the daughter
            Patna High Court CR. MISC. No.4527 of 2026(3) dt.06-04-2026
                                                        2/2




                      of informant. Both of them fled away, went to Goa and

                      solemnized marriage. Victim in her statement recorded under

                      Section 183 BNSS, has denied the prosecution case and stated

                      that she has solemnized marriage with this petitioner and they

                      are living together as husband and wife. Petitioner claims clean

                      antecedent.

                                   5. Learned counsel for the opposite party no. 2

                      vehemently opposed the bail application.

                                   6. Considering statement of the victim recorded under

                      Section 183 BNSS, this anticipatory bail is allowed and it is

                      ordered that let the above named petitioner in the event of his

                      arrest/surrender before the court below within a period of eight

                      weeks from today, be enlarged on bail on furnishing bail-bond

                      of Rs. 10,000/- (ten thousand) with two sureties of the like

                      amount each to the satisfaction of learned 6th District and

                      Additional Sessions            Judge-cum-Exclusive Special Judge,

                      POCSO Act, East Champaran, Motihari in connection with

                      Malahi P. S. Case No. 257 of 2025, subject to condition as laid

                      down under Section 482(2) of the BNSS.



                                            (Prabhat Kumar Singh, J)
Navya/-
U       T


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