Patna High Court
Navin KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court granted anticipatory bail to the petitioner, directing release on bond with conditions.
Summary
Navin Kumar was arrested in connection with a 2022 case alleging kidnapping of a 16‑year‑old girl for illicit intercourse, invoking IPC sections 363, 366(A), 341, 323, 504, 506/34 and Section 8 of the POCSO Act. The petitioner argued that the girl had left home voluntarily, married a co‑accused, and that the victim’s statement under Section 164 of the CrPC did not support the prosecution. He also pointed to the grant of anticipatory bail to a similarly situated co‑accused, Kundan Kumar, and sought parity. The Additional Public Prosecutor opposed bail. The Court, noting the lack of a supportive victim statement and the precedent of bail to the co‑accused, ordered that Navin Kumar be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the CrPC.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite serious charges under IPC and POCSO Act
- Whether the victim’s statement under Section 164 of the CrPC negates the prosecution’s case
- Whether parity with a co‑accused previously granted bail warrants granting bail to the petitioner
Legislation cited
- Code of Criminal Procedure, 1973 — s. 164, 482(2)
- Indian Penal Code — s. 323, 34, 341, 363, 366A, 504, 506
- Protection of Children from Sexual Offences Act, 2012 — s. 8
Subjects
- anticipatory bail
- kidnapping
- POCSO
- minor
- IPC sections
- victim statement
- parity
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50027 of 2025
Arising Out of PS. Case No.-559 Year-2022 Thana- RAMNAGAR District- West Champaran
======================================================
Navin Kumar S/O Laxman Sah R/O Village- Bada Baritarpur, P.S- Motihari
Town, Distt.- East Champaran, Bihar. ... ... Petitioner/s
Versus
1. The State of Bihar.
2. Gopal Sah, S/O Shukul Sah, R/O village- Turaha Toli, Ward No.-04, P.S-
Ramnagar, Distt.- West Champaran, Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mayank Mohan, Advocate
For the Opposite Party/s : Mr.Ram Sevak Choudhary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
4 06-01-2026 Heard learned counsel appearing on behalf of the
petitioner and learned Additional Public Prosecutor appearing on
behalf of the State.
2. The accused/petitioner apprehending his arrest in
connection with Ramnagar P.S. Case No. 559 of 2022 registered
for the offences punishable under Sections 363, 366(A), 341,
323, 504, 506/34 of the Indian Penal Code and Section 8 of
POCSO Act.
3. As per FIR, named co-accused persons alongwith
three unknown persons including this petitioner kidnapped the
minor daughter of the informant, aged about 16 years for the
purpose of illicit intercourse/marriage with another person.
4. It is submitted by learned counsel appearing on
Patna High Court CR. MISC. No.50027 of 2025(4) dt.06-01-2026
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behalf of the petitioner that the daughter of the informant was in
love with co-accused Chandan Kumar and she left her parental
home on her own and, thereafter, solemnized marriage with co-
accused Chandan Kumar and living a happy married life. It is
submitted that considering all such aspects and the nature of
allegation, which was raised in very general and omnibus manners
against other co-accused persons, the named co-accused Kundan
Kumar was granted anticipatory bail by one of the learned co-
ordinate Bench of this Court through Cr. Misc. No. 9480 of 2023
dated 07.08.2023 and, therefore, as a matter of judicial parity,
this petitioner also deserves bail. It is further pointed out that
victim while recording statement under Section 164 of Cr.P.C.
failed to support the prosecution case.
5. Learned APP opposed the prayer of bail.
6. In view of aforesaid factual submissions and by
taking note of fact as similarly situated co-accused person,
namely, Kundan Kumar has already granted bail by one of the
learned co-ordinate Bench of this Court as discussed aforesaid,
coupled with the fact that victim could not supported the case of
prosecution while recording her statement under Section 164 of
Cr.P.C., accordingly, above named petitioner, in the event of his
arrest or surrender before the learned trial Court, within a period
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of four weeks of the 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 the
learned Addl. District & Sessions Judge-VII-Cum-Special Judge,
POCSO, Bettiah, West Champaran/concerned Court, where the
case is pending in connection with Ramnagar P.S. Case No. 559 of
2022 subject to the conditions as laid down under Section 482(2)
of the BNSS.
(Chandra Shekhar Jha, J)
veena/-
U T
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