Patna High Court
Mithlesh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Mithlesh Kumar, was arrested in connection with a kidnapping alleged under Sections 96 and 3(5) of the BNS and Section 8 of the POCSO Act, where the minor daughter of an informant was said to have been abducted and money withdrawn. The prosecution’s case relied on the FIR and a police report indicating that the victim had allegedly eloped with another accused, Rajan Kumar, and that the petitioner was merely a cousin with no direct involvement. The petitioner’s counsel argued that the informant was not an eye‑witness, the allegations were vague, the victim was untraceable, and the petitioner had no prior criminal record and had been in custody since 13‑03‑2025. The State opposed the bail, citing the seriousness of the offences. After considering the evidence and the petitioner’s clean record, the court granted regular bail on a bond of Rs.10,000 with two sureties, directing release pending trial.
Issues considered
- Whether the petitioner is entitled to regular bail despite charges under the POCSO Act and BNS provisions.
- Whether the evidence on record sufficiently links the petitioner to the alleged kidnapping.
- Whether the petitioner poses a flight risk or a danger to the investigation.
Legislation cited
- BNS — s. 3(5), 96
- Protection of Children from Sexual Offences Act — s. 8
Subjects
- regular bail
- kidnapping
- POCSO Act
- minor
- criminal antecedent
- investigation
- mobile evidence
- elopement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49615 of 2025
Arising Out of PS. Case No.-82 Year-2025 Thana- PIPRAKOTHI District- East Champaran
======================================================
Mithlesh Kumar son of Devendra Paswan Village- Dhekaha Bishunpur, Ps-
Pipra kothi, dist- East Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. Mokhtar Prasad Son of Late Sahdev Prasad Village- Dhekaha Bishunpur, Ps-
Pipra kothi, dist- East Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prateek Tandon, Advocate
For the Opposite Party/s : Mr. Ram Naresh Ray, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
6 10-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Sections 96 & 3(5)
of the BNS and under Section 8 of the POCSO Act.
3. The case of the prosecution, in short, is that the
minor daughter of the informant has gone for coaching classes.
Meanwhile, she was returning from coaching class, the
petitioner along with others have kidnapped the minor daughter
of the informant. It is further stated in the FIR that the minor
daughter of the informant has withdrawn Rs.10,000/- from bank
today itself.
Patna High Court CR. MISC. No.49615 of 2025(6) dt.10-02-2026
2/3
4. Learned counsel for the petitioner submits that
from perusal of the FIR itself it is clear that the informant is not
the eye-witness and he has not disclosed that from where he got
this information. Learned counsel for the petitioner has
submitted that though the victim is yet traceless, regarding this,
S.P., Motihari was given direction to search the victim. S.P.,
Motihari has filed a report and in that report at Paragraph ‘8’ he
has recorded that “during investigation it was found that mobile
no. 7418053079 and mobile no. 9576060343 both stands on the
name of the accused Rajan Kumar. Mobile No. 9576060343 was
given by Rajan to the victim. It was found that there was
continuous call record in between both the numbers from
04.03.2025 to 11.03.2025 and after eloping of victim girl mobile
no. 9576060343 is switched-off.” Learned counsel for the
petitioner has further submitted that from perusal of the FIR it is
clear that the nature of allegation is general and omnibus and
from the report of the S.P., Motihari it is clear that the victim has
eloped with Rajan Kumar and there is no role of this petitioner
who is cousin of Rajan. Learned counsel for the petitioner has
lastly submitted that the petitioner is having no criminal
antecedent and he is in judicial custody since 13.03.2025.
5. Learned APP appearing for the State has
Patna High Court CR. MISC. No.49615 of 2025(6) dt.10-02-2026
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vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Pipra Kothi P.S. Case No. 82 of 2025 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned 6th Additional District and
Sessions Judge-cum-Exclusive Special POCSO Act, East
Champaran, Motihari.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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