Patna High Court
Shatrudhan Prasad @ Shatrudhan Kumar @ Shatrughan PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
- BNSS — s. 183
- Indian Penal Code — s. 34, 366A, 376
- Protection of Children from Sexual Offences Act — s. 4, 6
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
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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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