Patna High Court
Anil KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court granted bail to the petitioner with a cash bond and sureties, subject to his cooperation with the trial.
Summary
Anil Kumar was arrested in connection with an alleged kidnapping of a minor girl for the purpose of marriage, charged under Sections 137(2) and 96 of the B.N.S. and Section 8 of the POCSO Act. The prosecution relied on the informant’s complaint, but the minor’s statement recorded under Section 183 of the B.N.S. indicated that she had gone to Mumbai of her own free will and did not support the charge. The petitioner, in custody since 25‑04‑2025, sought bail, arguing that the victim’s statement undermined the prosecution’s case. The State opposed bail on the seriousness of the alleged offence involving a child. The court considered the victim’s statement, the nature of the charges, and the petitioner’s right to liberty, and ordered bail on the condition of a cash bond and two sureties, subject to the petitioner’s cooperation with the trial.
Issues considered
- Whether bail should be granted to the accused in a case of alleged kidnapping of a minor under Sections 137(2) & 96 of the B.N.S. and Section 8 of the POCSO Act, considering the victim’s statement recorded under Section 183 of the B.N.S.
Legislation cited
Subjects
- bail
- kidnapping
- minor
- POCSO
- victim statement
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51933 of 2025
Arising Out of PS. Case No.-511 Year-2024 Thana- BATHNAHA District- Sitamarhi
======================================================
Anil Kumar S/o Dinesh Manjhi R/o Village- Kishanpur, P.S.- Bathnaha,
District- Sitamarhi (Bihar)
... ... Petitioner/s
Versus
1. The State of Bihar
2. Mohan Sah S/o Late Kapildev Sah R/o Village- Kishanpur, P.S.- Bathanaha,
District- Sitamarhi (Bihar)
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alka Singh, Adv.
For the Opposite Party/s : Mr. J.N. Thakur, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
6 08-01-2026 Heard learned counsel for the petitioner and learned
counsel for the State.
2. The petitioner seeks bail in a case registered for the
offence under Sections-137(2) & 96 of B.N.S. and 8 of the
POCSO Act.
3. The prosecution allegation, in short, is that the
minor daughter of the informant was kidnapped by the
petitioner for the purpose of marriage.
4. It has been submitted on behalf of the petitioner
that in her statement recorded under Section 183 of the BNSS,
the victim did not support the prosecution case. She has stated
that her mother-in-law scolded her and therefore, she went to
Patna High Court CR. MISC. No.51933 of 2025(6) dt.08-01-2026
2/2
Mumbai with her own sweet will. The petitioner is under
custody since 25-04-2025.
5. On the other hand, learned counsel appearing for
the State has opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above-named, be released on bail on
furnishing bail bonds of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each of the satisfaction of learned
District & Additional Sessions Judge-VI-cum-Special Judge
(POCSO), Sitamarhi in connection with Bathnaha P.S. Case No.
511 of 2024 subject to the condition that the petitioner shall
cooperate with the trial and make himself available as and when
required by the court.
(Nawneet Kumar Pandey, J)
A.K.V.//-
U T
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