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Patna High Court

Deepak KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner.

Summary

The petitioner, Deepak Kumar, was arrested in connection with a kidnapping case involving the minor daughter of an informant, alleged to have been abducted for illicit intercourse or marriage. He has been in custody since 28 December 2024 and sought bail, arguing that the allegations were false, the relationship was consensual, and the victim showed no signs of sexual assault. The petitioner highlighted that the victim, aged 16-18, had not been examined under Section 35(1) of the POCSO Act and that the trial was unlikely to conclude within the one‑year period prescribed by Section 35(2) of POCSO. The prosecution opposed bail, while the informant's counsel did not appear. The court, noting the prolonged detention without charge framing and the doubtful nature of the allegations, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions under Section 480(3) of the BNSS.

Issues considered

  • Whether bail should be granted in a kidnapping case involving a minor under Sections 137(2), 140(3), 96 IPC and the POCSO Act.
  • Whether the delay in trial beyond the one‑year period prescribed by Section 35(2) of the POCSO Act warrants bail.
  • Whether the allegations constitute a false case given the lack of medical evidence of sexual assault.

Legislation cited

Subjects

  • bail
  • kidnapping
  • minor
  • POCSO
  • false case
  • trial delay
  • IPC
  • Section 35
  • Section 480
  • love affair
  • sexual assault allegation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.49918 of 2025
                      Arising Out of PS. Case No.-156 Year-2024 Thana- IMADPUR District- Bhojpur
                 ======================================================
                 Deepak Kumar S/o Balmiki Saw @ Balmiki Sah R/o Village- Imadpur, P.O.-
                 Imadpur, P.S.- Imadpur, District- Bhojpur

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Tetar Devi W/o Sunil Singh R/o Village- Imadpur, P.S.- Imadpur, District-
                 Bhojpur

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sunny Kumar
                 For the Opposite Party/s :       Mr.Pushpa Sinha.1
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

4   06-02-2026                    Heard the parties.

                                2. The petitioner seeks bail in connection

                   with Imadpur P.S. Case No. 156 of 2024 registered

                   for the offence under Sections 137(2), 140(3), 96

                   BNS.

                                3. The petitioner is named in the F.I.R. and is

                   in custody since 28.12.2024.

                                4. The allegation against the petitioner is to

                   kidnap minor daughter of informant aged about 16

                   years from her house on intervening night of

                   16.12.2024 for the purpose of illicit intercourse /

                   marriage.

                                5. Learned counsel appearing on behalf of
Patna High Court CR. MISC. No.49918 of 2025(4) dt.06-02-2026
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          the petitioner submitted that during course of

          investigation             several          prosecution       witnesses

          supported the love affairs between the daughter of

          the informant and petitioner and as their love affairs

          was not approved by the informant and other family

          members of the victim the present false case was

          lodged.       It    is   submitted          that     upon   perusal   of

          statement of victim recorded under Section 164 of

          the Cr.P.C. it appears that the victim with this

          petitioner went up to Punjab, where she lived

          together for considerable period of time and when

          this petitioner            came to know about lodging of

          present FIR he returned alongwith the victim. It is

          submitted that upon medical examination victim was

          found between the age group of 16-18 years, and

          moreover, no sign of sexual assault as alleged was

          found upon her, making the allegation doubtful.

                       6. Arguing further it is submitted that

          petitioner is in custody since 28.12.2024, i.e., for

          more than one year and still the victim could not be

          examined before learned trial court in view of

          Section 35(1) of POCSO Act and, therefore, the trial

          of this case is not likely to conclude within preferred
          Patna High Court CR. MISC. No.49918 of 2025(4) dt.06-02-2026
                                                      3/4




                    timeline of one year as available under Section 35(2)

                    of POCSO Act, for the reason that preferable time

                    period has already crossed. While concluding the

                    argument, it is submitted that petitioner is a man of

                    clean antecedent.

                                 7. Learned APP opposed the prayer of bail.

                                 8. Learned counsel for the informant failed

                    to join present proceedings upon repeated calls.

                                 9. In view of aforesaid factual submissions

                    and by taking note of fact as petitioner remains in

                    custody        for     more        than      one     year   i.e.,   since

                    28.12.2024, where even charge could not framed in

                    this matter suggesting prima-facie trial of this case is

                    not likely to conclude in near future, accordingly

                    petitioner above named, is directed to be released

                    on bail in connection with Imadpur P.S. Case No. 156

                    of 2024 on furnishing bail bond of Rs.10,000/-

                    (Rupees Ten Thousand) with two sureties of the like

                    amount each to the satisfaction of learned JM 1 st

                    Class, Ara /concerned court, subject to the conditions

                    as mentioned under Section 480(3) of BNSS.



                                                              (Chandra Shekhar Jha, J)
Sudha/-
        Patna High Court CR. MISC. No.49918 of 2025(4) dt.06-02-2026
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