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Patna High Court

Chandan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the victim statements negated the allegations of kidnapping and trafficking, warranting the grant of anticipatory bail to the petitioner.

Summary

The petitioner, Chandan Kumar, was named in an FIR alleging offences under the IPC, POCSO Act and Juvenile Justice Act for allegedly trafficking several girls, both minors and adults, for immoral activities. The petitioner contended that the girls were with his wife’s orchestra for a stage performance during Saraswati Puja and that their statements recorded under Section 183 of the BNSS categorically denied any kidnapping or trafficking. The Assistant Public Prosecutor could not refute these victim statements. Considering the victims’ declarations and the lack of further incriminating evidence, the court granted anticipatory bail, directing the petitioner to surrender within four weeks and furnish a bail bond of Rs.10,000 with two sureties, subject to conditions under CrPC Section 438(2) and BNSS Section 482(2).

Issues considered

  • Whether anticipatory bail should be granted to the petitioner despite allegations under IPC, POCSO Act and Juvenile Justice Act.
  • Whether the victim statements recorded under Section 183 of the BNSS negate the prosecution’s case of kidnapping and human trafficking.
  • Whether further custodial interrogation of the petitioner is necessary.

Legislation cited

Subjects

  • anticipatory bail
  • human trafficking
  • POCSO
  • juvenile justice
  • stage performance
  • victim statements
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.47 of 2026
                        Arising Out of PS. Case No.-33 Year-2025 Thana- GRIYAK District- Nalanda
                 ======================================================
                 Chandan Kumar S/o Shambhu Yadav @ Shambhoo Yadav R/o Village -
                 Kalibigha, P.S- Giriyak, District - Nalanda
                                                               ... ... Petitioner/s
                                                      Versus
           1.     The State of Bihar
           2.     Dilip Kumar Mandal, Posted as Sub - Inspector at Sahayak Thana Pawapuri,
                  P.S - Pawapuri District - Nalanda, Bihar
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Hansraj
                 For the Opposite Party/s :        Mr.Anita Kumari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   06-02-2026                       Heard the parties.

                                2. The accused/petitioner is named in the FIR

                   and apprehending his arrest in connection with Giriyak

                   (Pawapuri) P.S. Case No. 33 of 2025 registered for the

                   offences punishable under Sections 143(1), 76 and

                   3(5) of the IPC, Section 8 of the POCSO Act and

                   Sections 75 and 79 of the Juvenile Justice Act.

                                3.      As per allegation available through FIR

                   that several girls major and minor were found with the

                   petitioner        and      other      co-accused          persons,        where

                   suspicion was raised by the informant who is Sub-

                   Inspector of police for their trafficking or to push them

                   into illegal activities of immoral trades.

                                4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.47 of 2026(2) dt.06-02-2026
                                            2/3




          petitioner submitted that merely on the basis of

          suspicion, petitioner implicated with present case,

          where the wife of the petitioner, namely, Babita who is

          running Orchestra group called these girls for stage

          performance.           It   is    submitted         that    after   alleged

          recovery, the statement of victim girls were recorded

          under Section 183 of BNSS, where they categorically

          stated that she was practicing for stage performance

          on the occasion of “Sarsawati Pooja” and completely

          negate the allegation of kidnapping and any human

          trafficking for immoral activities. While concluding

          argument, it is submitted that petitioner is a man of

          clean antecedent and, moreover, the investigation of

          this case qua other co-accused persons already

          completed and, therefore, no custodial interrogation of

          petitioner required for any further interrogation.

                       5. Learned APP while opposing the prayer of

          anticipatory bail could not disputed the aforesaid

          factual      submission          qua     statement         of   victims    as

          recorded under Section 183 of the BNSS.

                       6.     Considering         the       aforesaid     facts     and

          circumstances and by taking note of fact as alleged

          victim      girls    completely          negate      the    allegation     of

          kidnapping and human trafficking as to push them into
               Patna High Court CR. MISC. No.47 of 2026(2) dt.06-02-2026
                                                             3/3




                         illegal activities of immoral trade, rather they stated

                         that they were practicing for stage performance on

                         occasion of “Sarsawati Pooja”, accordingly, the

                         above-named petitioner, in the event of his arrest or

                         surrender before the court below within a period of

                         four weeks of this order, is directed to be released on

                         bail furnishing bail bond of Rs.10,000/- (Rupees Ten

                         Thousand) with two sureties of the like amount each to

                         the satisfaction of learned 7th Additional Sessions

                         Judge-cum-Special Judge, POCSO Act, Bihar Sharif,

                         Nalanda/concerned court, where the case is pending in

                         connection with Giriyak (Pawapuri) P.S. Case No. 33 of

                         2025, subject to the conditions as laid down under

                         Section         438(2)         of         the     Code   of   Criminal

                         Procedure/482(2) of the BNSS.


                                                                     (Chandra Shekhar Jha, J.)
S.Tripathi/-

U       T


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