Patna High Court
Mukun Kumar Das @ Mithun Das @ Mukun Das @ Mithun KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court granted bail to the petitioner subject to bond and surety conditions.
Summary
The petitioner, Mukun Kumar Das, was charged under Sections 96 and 3(5) of the B.N.S. and Sections 8 and 12 of the POCSO Act for allegedly kidnapping a minor girl with the intent of marriage. The victim, a 17‑19‑year‑old girl, gave a statement under Section 183 of the B.N.S. claiming she went with the petitioner of her own free will because her parents wanted her married to someone else. The petitioner has been in custody since 21‑03‑2025 and sought bail. The State opposed the bail application, citing the seriousness of the offences. After considering the victim’s voluntary statement, the medical age report, and the circumstances, the court ordered bail on the condition of a Rs.10,000 bond with two sureties and the petitioner’s cooperation with the trial.
Issues considered
- Whether bail should be granted to the accused in a kidnapping and POCSO case where the victim alleges voluntary participation.
Legislation cited
Subjects
- bail
- kidnapping
- child marriage
- POCSO Act
- victim statement
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52119 of 2025
Arising Out of PS. Case No.-124 Year-2025 Thana- RAJAON District- Banka
======================================================
Mukun Kumar Das @ Mithun Das @ Mukun Das @ Mithun Kumar Son of
Tunay Harijan R/o- Village- Kathchatar, P.S.-Rajoun, District- Banka
... ... Petitioner/s
Versus
1. The State of Bihar
2. Renu Devi Wife of Umesh Harijan village- Kathchatar, Po- Lilatari, Ps-
Rajoun, Dist- Banka
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gyan Prarkash, Adv.
Mr. Sumit Kumar Srivastva, Adv.
For the Opposite Party/s : Dr. (Mrs.) Indiwar Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
5 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-96 and 3(5) of B.N.S. and 8/12 of the
POCSO Act.
3. It is alleged 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 she went with the petitioner as her own sweet will. She has
Patna High Court CR. MISC. No.52119 of 2025(5) dt.08-01-2026
2/2
further stated that her parents wanted to solemnize her marriage
with another person and that is why, she fled away from her
house. According to medical report, her age is between 17-19
years. The petitioner is under custody since 21-03-2025.
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), Banka in connection with Rajoun P.S. Case No. 124
of 2025 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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