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Patna High Court

Mukun Kumar Das @ Mithun Das @ Mukun Das @ Mithun KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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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