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Patna High Court

Pankaj KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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