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Patna High Court

Shatrudhan Prasad @ Shatrudhan Kumar @ Shatrughan PrasadversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner on furnishing a Rs.10,000 bond with two sureties, subject to cancellation if he attempts to delay the trial.

Summary

The petitioner, Shatrudhan Prasad, was arrested on charges of kidnapping and sexual offences under IPC sections 366A, 34, 376 and POCSO Act sections 4 and 6, alleged to have abducted the minor daughter of an informant. He has been in custody since 19‑01‑2025 and the charges have been framed. The victim later gave a statement under Section 183 of the BNSS that did not support the prosecution, and the petitioner claimed a clean antecedent and willingness to cooperate with the trial. The State opposed regular bail, but the court considered the victim’s non‑supportive statement, the petitioner’s clean record, and the lack of flight risk. The High Court ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to cancellation if he attempts to delay the trial.

Issues considered

  • Whether bail should be granted in a case involving kidnapping, rape and offences under the POCSO Act.
  • Whether the victim’s non‑supportive statement under Section 183 of the BNSS affects the bail decision.
  • Whether the petitioner poses a risk of flight or of tampering with the trial.

Legislation cited

Subjects

  • bail
  • kidnapping
  • rape
  • POCSO
  • victim statement
  • surety
  • trial court
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.52396 of 2025
                   Arising Out of PS. Case No.-60 Year-2024 Thana- KARAI PARSURAI District- Nalanda
                 ======================================================
                 Shatrudhan Prasad @ Shatrudhan Kumar @ Shatrughan Prasad S/O Devendra
                 Prasad @ Devendra Yadav R/o Village - Chakwajitpur, P.S - Karay Parshuray,
                 District - Nalanda
                                                                           ... ... Petitioner/s
                                                 Versus
           1.     The State of Bihar
           2.     Rajendra Gop S/O Late Ramvaran Gop R/o Village - Chakwajitpur, P.S -
                  Karay Parshuray, District - Nalanda
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Raj Kishor Prasad, Advocate
                 For the Opposite Party/s :       Mr. Kumar Veerendra Narayan, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   24-02-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State is present.

                                2. The petitioner seeks bail in a case registered for the

                   offences punishable under Sections 366A/34 and 376 of the

                   Indian Penal Code as well as Sections 4 and 6 of the POCSO

                   Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and is in custody

                   since 19.01.2025 and charges have been framed. It is further

                   submitted that in sum and substance, the allegation is that

                   petitioner, who runs the coaching institute, kidnapped the minor

                   daughter of the informant.

                                4. Learned counsel for the petitioner next submits that
           Patna High Court CR. MISC. No.52396 of 2025(3) dt.24-02-2026
                                                       2/2




                     victim has come back and her statement was recorded under

                     Section 183 of the BNSS wherein she has not supported the case

                     of the prosecution. It is also submitted that petitioner will not

                     abscond rather will cooperate in the trial to prove his innocence.

                                  5. Learned A.P.P. for the State opposes the prayer for

                     regular bail of the petitioner.

                                  6. Considering the submissions, the petitioner, above

                     named, is directed to be released on bail on furnishing bail

                     bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties

                     of the like amount each to the satisfaction of the learned Trial

                     Court where the case is pending in connection with Karay

                     Parshuray P.S. Case No. 60 of 2024.

                                  7. However, it is made clear that if the learned trial

                     court comes to a conclusion that petitioner, after his release on

                     bail, is trying to delay the trial of the case in any manner, the

                     learned trial court shall be at liberty to cancel the bail bonds of

                     the petitioner.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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