Patna High Court
Pankaj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Pankaj Kumar, was arrested in connection with a POCSO case alleging kidnapping and abduction of a 16‑year‑old girl, the informant's daughter, under IPC sections 363 and 366, as well as offences under the POCSO Act, 2012 and the Child Marriage Act. The petitioner claimed he was falsely implicated and that he and the girl had voluntarily married and left home of their own accord, a claim supported by her statement recorded under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The prosecution had filed a charge‑sheet, but the court noted the adolescent‑love context and the absence of any risk of absconding or tampering with evidence. After hearing both sides, the court was inclined to grant regular bail. The bail was ordered on the condition of a Rs.10,000 bond with two sureties, and the petition was allowed.
Issues considered
- Whether regular bail should be granted to the petitioner in a POCSO case involving alleged kidnapping, abduction, and child marriage charges.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 183
- Child Marriage Act — s. 9
- Indian Penal Code — s. 363, 366
- Protection of Children from Sexual Offences Act, 2012 — s. 4, 6
Subjects
- regular bail
- POCSO
- kidnapping
- abduction
- child marriage
- adolescent love
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5136 of 2026
Arising Out of PS. Case No.-388 Year-2023 Thana- VAISHALI District- Vaishali
======================================================
Pankaj Kumar S/O Rajesh Ray R/O Village- Phulad, P.S- Vaishali, District-
Vaishali.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Shivtahal Bhagat S/O Late Dangar Bhagat R/O Mansurpur, P.S-Vaishali,
Distt.- Vaishali.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dhirendra Prasad Sinha
For the Opposite Party/s : Mr.Md. Shakir Ahmad
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
4 13-05-2026 1. Heard learned Counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks regular bail in connection with
POCSO G.R. Case No. 75 of 2025, arising out of Vaishali
Police Station Case No. 388 of 2023, dated 11.09.2023,
registered for the offences punishable under Sections
363/366 of the Indian Penal Code.
3. The prosecution case, as per the First Information Report,
is that the minor daughter of the informant, aged about 16
years, left the house on 08.09.2033, at about 4 AM,
without information to anyone.
4. Learned Counsel for the petitioner submits that the
Patna High Court CR. MISC. No.5136 of 2026(4) dt.13-05-2026
2/3
petitioner is innocent and has falsely been implicated in
this case. He further submits that both the petitioner and
the daughter of the informant have solemnized marriage
inasmuch as the daughter of the informant was recovered
by the police on 03.05.2025 along with the petitioner and
a baby of 13 days. The statement of the daughter of the
informant was recorded under Section 183 of the
Bharatiya Nagarik Suraksha Sanhita, 2023, in which she
has stated that she had gone to Delhi with the petitioner
one year ago and from Delhi, they had gone to Haryana.
She has further stated that she had solemnized marriage in
a temple with the petitioner and was living with him as
husband and wife. She has further stated that she had
gone with the petitioner on her own will and nobody had
kidnapped her. He next submits that the petitioner is in
custody since 05.05.2025 and charge sheet has also been
submitted against the petitioner under Sections363/366
of the Indian Penal Code, Section 4/6 of the Prevention of
Children from Sexual Offences Act, 2012 and Section 9
of the Child Marriage Act, as such, there is no likelihood
that the petitioner will abscond and/or tamper with the
evidence.
Patna High Court CR. MISC. No.5136 of 2026(4) dt.13-05-2026
3/3
5. Having heard learned Counsel for the parties and taking
into consideration the statement of the daughter of the
informant recorded under Section 183 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 and the fact that it is a
case of adolescent love, the petitioner is in custody since
05.05.2025, and charge sheet has been submitted against
him, I am inclined to grant regular bail to the petitioner.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, be released on bail, upon
furnishing bail bond of Rs. 10,000/- (ten thousand) with
two sureties of the like amount each to the satisfaction of
learned Additional Sessions Judge-VI -cum- Special
Judge, POCSO, Vaishali, at Hajipur, in connection with
Vaishali Police Station Case No. 388 of 2023.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
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