Patna High Court
Arun Ray @ Arun Raya @ Chhatu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail was granted to the petitioner.
Summary
The petitioner, Arun Ray, was arrested on charges of kidnapping the minor daughter of an informant under Section 96 of the B.N.S. and Section 8 of the Protection of Children from Sexual Offences (POCSO) Act. The petitioner claimed the incident stemmed from a consensual love relationship, and the victim’s statement recorded under Section 183 of the B.N.S. corroborated that she had voluntarily accompanied him and alleged no assault or sexual abuse, also refusing a medical examination. The prosecution had not produced any witnesses and the case was still at the stage of framing charges. The petitioner, a 23‑year‑old with no prior criminal record, applied for bail. Considering the victim’s statement, the lack of evidence of assault, and the petitioner’s clean record, the court granted bail on a bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail should be granted to the accused in a kidnapping and POCSO case where the victim’s statement indicates a consensual relationship and no evidence of assault.
Legislation cited
- B.N.S. — s. 183, 96
- Protection of Children from Sexual Offences Act — s. 8
Subjects
- bail
- kidnapping
- POCSO
- minor
- consent
- love relationship
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53010 of 2025
Arising Out of PS. Case No.-33 Year-2025 Thana- BELHAR District- Banka
======================================================
Arun Ray @ Arun Raya @ Chhatu Kumar S/O Dashrath Ray @ Chhabu Ray
Residence of village- Bhojpur, Police station- Belhar, District- Banka
... ... Petitioner/s
Versus
1. The State of Bihar
2. Nitu Devi W/O Chansi Mandal Residence of village- Bhojpur, Police
station- Belhar, District- Banka
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Balram Kapri
For the Opposite Party/s : Mr.Shahabuddin Azeem @ S. Azeem
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
5 24-02-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Section 96 of the B.N.S. and Section 8
of the Protection of Children from Sexual Offence Act.
3. Petitioner is said to have kidnapped the minor
daughter of the informant.
4. Learned counsel for the petitioner has submitted
that the present case arises out of love relationship between the
petitioner and the victim and the victim after recovery in her
statement recorded Section 183 of the B.N.S.S. has clearly
stated that she was in a love relationship and went voluntarily
along with him to various places and then having been traced at
Patna High Court CR. MISC. No.53010 of 2025(5) dt.24-02-2026
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Delhi on account of mobile location. She has not alleged any
assault etc. upon her much less sexual assault and has also
refused to medical examination. Further, the petitioner is in
custody since 22.02.2025 and only charges have been framed till
date and the prosecution has not produced any witness.
5. Learned APP for the State has opposed the
application for bail.
6. Taking into consideration the facts and
circumstances and also considering the statement of the victim
under Section 183 of the B.N.S.S., coupled with the fact that the
petitioner is a young boy of 23 years of age having no criminal
antecedent, let the above named petitioner, be enlarged on bail
on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned court below where the case is pending/successor
court in connection with Belhar P.S. Case No. 33 of 2025.
(Soni Shrivastava, J)
devendra/-
U T
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