Patna High Court
Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Code of Criminal Procedure — s. 438(2)
- Indian Penal Code — s. 143(1), 3(5), 76
- Juvenile Justice (Care and Protection of Children) Act — s. 75, 79
- Protection of Children from Sexual Offences Act — s. 8
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
Checking your session…