Created by Fuzzy Cloud

Patna High Court

Kajal KumariversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted bail to the petitioner subject to monetary and surety conditions and a relative surety requirement.

Summary

Kajal Kumari applied for bail fearing arrest in a kidnapping case (PS case No. 621 of 2021) involving alleged abduction of a minor under IPC sections 363, 366(A) and 34. The FIR originally named three accused, including Rahul Kumar and his parents, but after the victim returned, her statement under Section 164 of the CrPC implicated the petitioner as having persuaded the girl to travel with Rahul. The State opposed bail, arguing the petitioner’s complicity, while the petitioner asserted a clean antecedent and willingness to cooperate. The court examined the victim’s statement, noted that the primary allegation centered on Rahul Kumar, and found no substantive basis to detain the petitioner. Consequently, the court ordered bail on a cash bond of Rs.10,000 with two sureties and additional conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

  • Whether the petitioner, Kajal Kumari, should be granted bail in connection with the kidnapping charges under IPC sections 363, 366(A) and 34 despite the victim’s statement implicating her.

Legislation cited

Subjects

  • bail
  • kidnapping
  • abduction
  • IPC
  • Section 363
  • Section 366A
  • Section 34
  • Section 164 CrPC
  • Bharatiya Nagarik Suraksha Sanhita
  • POCSO
  • minor
  • trafficking

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.50256 of 2025
                      Arising Out of PS. Case No.-621 Year-2021 Thana- KOILWAR District- Bhojpur
                 ======================================================
                 Kajal Kumari, D/o Ravindra Rai @ Rabindra Rai, R/o vill- Sakkadi, Paschim
                 tola, P.S.- Koilwar, Distt.- Bhojpur at Ara

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Yashoda Devi, W/o Late Rambabu Nuniya, R/o vill- Sakkadi, P.S.- Koilwar,
                 Distt.- Bhojpur at Ara

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sunil Kumar, Advocate
                 For the Opposite Party/s :       Mr. Umesh Lal Verma, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

4   21-01-2026                  Heard the parties.

                                2. The petitioner is apprehending his arrest in

                   connection with Koilwar P.S. Case No. 621 of 2021 registered

                   for the offences under Sections 363, 366(A)/34 of the Indian

                   Penal Code.

                                3. Allegedly on the fateful day, the minor daughter of

                   the informant had gone to attend the coaching class, and when

                   she did not return, the informant and her family members tried

                   to know about her whereabouts and later on they came to know

                   that her daughter has been enticed away by co-accused Rahul

                   Kumar. When the informant went to the house of Rahul Kumar,

                   his parents abused and threatened.
Patna High Court CR. MISC. No.50256 of 2025(4) dt.21-01-2026
                                            2/3




                       4. Learned Advocate for the petitioner taking this

          Court through the F.I.R. contended that initially the F.I.R. was

          instituted against three named accused persons, including Rahul

          Kumar and his parents, but later on all of a sudden after a year,

          the victim girl returned and her statement was recorded under

          Section 164 of the Cr.P.C. wherein she stated that on the alleged

          date of occurrence on 14.12.2021, it is the petitioner who had

          persuaded her to sit in the Scorpio vehicle along with Rahul

          Kumar and later on she was taken to Maharashtra, where some

          of the persons committed wrongful acts with her. The informant

          of this case, who is non-else but the mother of the victim

          categorically stated and filed an application before the court of

          learned Chief Judicial Magistrate, Bhojpur, Ara that co-accused

          Rahul might have allured and taken away her daughter and there

          is no role ascribed to his family members, moreover, the co-

          accused, Rahul Kumar also died on 27.09.2022. The petitioner

          is an unmarried woman, having fair antecedent and she

          undertakes that she will fully cooperate in the proceeding of the

          court.

                       5. On the other hand, learned APP for the State

          vehemently opposes the bail application and submits that the

          complicity of the petitioner is writ large from the statement of
             Patna High Court CR. MISC. No.50256 of 2025(4) dt.21-01-2026
                                                         3/3




                       the victim, as recorded under Section 164 of the Cr.P.C.

                                    6. Having considered the submissions advanced by

                       the learned Advocate for the respective parties and taking note

                       of the statement of the victim, which clearly suggests that the

                       entire allegation revolves around co-accused Rahul Kumar, who

                       had allegedly sold her to some unknown persons and the

                       petitioner is a woman and having fair antecedent, let the

                       petitioner, named above, in the event of her arrest or surrender

                       before the court below within four weeks from the date of

                       receipt/production of a copy of this order, be released on bail on

                       furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with

                       two sureties of the like amount each to the satisfaction of

                       learned 6th District & Additional Sessions Judge-cum-Special

                       Court, POCSO, Bhojpur at Ara in connection with Koilwar P.S.

                       Case No. 621 of 2021, subject to the condition as laid down

                       under Section 482 (2) of the Bharatiya Nagarik Suraksha

                       Sanhita, 2023 with the further condition that one of the bailors

                       shall be the own/close relative of the petitioner.



                                                   (Harish Kumar, J)
uday/-

U        T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.