Patna High Court
Bipin Kumar @ Vipin KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court held that bail should be granted as the petitioner is not a flight risk and the victim does not support the prosecution.
Summary
Bipin Kumar was arrested in connection with a kidnapping allegation involving the minor daughter of an informant, with charges under Sections 137(2), 96, 3(5) of the BNS, Section 8 of the POCSO Act, and Sections 9 and 11 of the Child Marriage Act. The petitioner claimed innocence, asserting that the victim had married him and did not support the prosecution, as reflected in her statement under Section 183 of the BNS. He had been in custody since 29‑04‑2025 and sought regular bail. The State and the second respondent opposed the bail application. The court, after considering the facts, granted bail on a bond of Rs.10,000 with two sureties, subject to the petitioner’s cooperation in the trial. The order directed the petitioner to make himself available as required by the court.
Issues considered
- Whether bail should be granted in a case involving kidnapping of a minor and offences under the POCSO and Child Marriage Acts.
- Whether the victim’s statement of marriage and lack of support for the prosecution affect the bail decision.
- Whether the nature of the charges warrants denial of bail on grounds of flight risk or tampering with evidence.
Legislation cited
Subjects
- bail
- kidnapping
- minor
- POCSO
- child marriage
- regular bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46912 of 2025
Arising Out of PS. Case No.-53 Year-2025 Thana- KANHAULI District- Sitamarhi
======================================================
Bipin Kumar @ Vipin Kumar S/O Shankar Ram Village- Ramdas Chowk,
P.S.- Dighwara, District- Saran At Chapra
... ... Petitioner/s
Versus
1. The State of Bihar Patna
2. Sharda Devi W/O Sone Lal Ram R/O Vill.- Muhachhatauna, Ward no. 6,
P.S.- Kanhauli, Dist.- Sitamarhi
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rakesh Kumar, Adv.
For the State : Mr.Shailendra Kumar, APP
For OP No. 2 : Mr.Ashok Kumar Jha, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
5 08-01-2026 Heard learned counsel for the petitioner as well
as learned APP for the State.
2. In this case, the petitioner is seeking regular bail
in connection with Kanhauli P.S. Case No. 53 of 2025, initially
registered for the offences punishable under Sections 137(2), 96
& 3(5) of the BNS, but later on, after investigation, charge sheet
was submitted under Section 137(2) & 96 of the BNS, Section 8
of the POCSO Act and under Section 9 & 11 of the Child
Marriage Act.
3. As per allegation, the petitioner kidnapped the
minor daughter of the informant.
4. The learned counsel for the petitioner has
Patna High Court CR. MISC. No.46912 of 2025(5) dt.08-01-2026
2/2
submitted that the petitioner is innocent and has falsely been
implicated. The victim did not support the prosecution case.
She, in her statement recorded under Section 183 of the BNSS,
has stated that she has solemnized marriage with the petitioner.
The petitioner is under custody since 29.04.2025.
5. On the other hand, the learned APP for the State
and the learned counsel for O.P. No. 2 have opposed the prayer
for bail.
6. Considering the above-mentioned facts and
circumstances, let the petitioner above-named be released on
bail on furnishing bail bonds of Rs.10,000/- with two sureties
of the like amount each to the satisfaction of learned Additional
Sessions Judge-VI-cum-Special Judge (POCSO), Sitamarhi in
connection with Kanhauli P.S. Case No. 53 of 2025, subject to
the condition that the petitioner shall cooperate in the disposal
of trial and make himself available as and when required by the
court.
(Nawneet Kumar Pandey, J)
kundan/-
U T
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