Patna High Court
Nandu Das @ Nandu Kumar DasversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SANDEEP KUMAR
Holding
The anticipatory bail application is disposed of, with the petitioner directed to approach the Special Judge for a fresh application, and bail to be conditionally granted based on the victim's statement.
Summary
The petitioner, Nandu Das, sought anticipatory bail after being implicated in a kidnapping case (PS Case No. 725 of 2022) under IPC sections 363, 366(A), 34 and Section 12 of the POCSO Act. He contended that the alleged victim is not a minor, that they are married with two children, and that he has a clean record. The victim's father, the informant, had also filed a compromise petition. The State opposed the bail application. The Court disposed of the anticipatory bail petition, directing the petitioner to file a fresh application before the Special Judge, who will decide bail based on the victim's statement regarding her age, marriage, and the existence of children.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in a kidnapping case involving alleged POCSO offences.
- Whether the alleged victim is a minor under the POCSO Act.
- Whether a compromise petition filed by the victim's father affects the bail application.
Legislation cited
- Indian Evidence Act, 1872 — s. 183
- Indian Penal Code — s. 34, 363, 366(A)
- Protection of Children from Sexual Offences Act — s. 12
Subjects
- anticipatory bail
- kidnapping
- POCSO Act
- minor
- compromise petition
- marriage
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45838 of 2025
Arising Out of PS. Case No.-725 Year-2022 Thana- BANKA District- Banka
======================================================
Nandu Das @ Nandu Kumar Das S/o Chulhay Das Resident of vill-
Nimatarh, P.S and Distt- Banka
... ... Petitioner/s
Versus
1. The State of Bihar
2. Yogendra Yadav S/o Nankeshar Yadav R/o vill- Nimatarh, P.S.and Distt-
Banka
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dhananjay Kumar Pandey, Advocate
For the Opposite Party/s : Mr.Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 19-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Banka P.S. Case No. 725 of 2022 registered for
the offence under Section 363, 366(A), 34 of I.P.C. and Section
12 of the POCSO Act.
3. As per the prosecution case, petitioner is
accused of kidnapping a minor girl.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely
been implicated in this case. It is next submitted that petitioner
and the victim have got married and they have two children.
Patna High Court CR. MISC. No.45838 of 2025(3) dt.19-02-2026
2/2
Learned counsel next submits that the victim is not minor and
she has made her statement under Section 183 B.N.S.S. in the
court of Special Judge, POCSO Act. Petitioner has clean
antecedent.
5. Learned counsel for the informant submits that
the informant who is the father of the victim has filed a
compromise petition also.
6. Learned A.P.P. for the State opposes the prayer
for anticipatory bail of the petitioner.
7. Considering the above submissions, I am of the
view that this application is disposed of with liberty to the
petitioner to move a fresh application before the Special Judge
who shall examine the entire facts of the case. If the statement
of the victim girl is in favour of the petitioner and if it is found
that the victim has got married to the petitioner and has two
children, the bail bond of the petitioner shall be accepted and if
its found otherwise, the bail bond of the petitioner shall not be
accepted.
8. Accordingly, this application stands disposed of.
(Sandeep Kumar, J)
tusharika/-
U T
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