Patna High Court
Chhotu Kumar @ Chhotoo KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The bail petition was dismissed, and the petitioner was denied bail.
Summary
The petitioner, Chhotu Kumar, was arrested in connection with a case registered under Sections 96, 352, 3(5) of the B.N.S. and Sections 8 and 12 of the POCSO Act, alleging that he abducted the minor daughter of an informant and that his parents abused the informant. The petitioner contended that he is innocent and that the victim’s statement under Section 183 of the B.N.S., in which she claimed to have married the petitioner, should exonerate him. The informant’s counsel argued that the victim, being a minor of about 14‑15 years, cannot give a valid statement and that the petition for bail should be denied. The court noted that the petitioner had been in custody since 17‑10‑2024 and that the trial record showed only the victim, the investigating officer, and the doctor remained to be examined. After considering the submissions, the court rejected the bail application, stating the petitioner does not merit the privilege of bail. The trial court was directed to complete the trial within six months, after which the petitioner may renew his bail plea.
Issues considered
- Whether bail should be granted to the petitioner under the charges of kidnapping and offences under the B.N.S. and POCSO Act
- Whether the victim’s statement under Section 183 of the B.N.S. is admissible and relevant given her minority
- Whether the seriousness of the offences warrants denial of bail
Legislation cited
Subjects
- bail
- kidnapping
- child sexual offence
- POCSO
- minor victim
- Section 183
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57562 of 2025
Arising Out of PS. Case No.-503 Year-2024 Thana- RAJAON District- Banka
======================================================
Chhotu Kumar @ Chhotoo Kumar Son of Munchun Mandal Resident of
village - Sajal Korama, P.S.- Rajoun, District - Banka.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Pawan Mandal Son of Bhojal Mandal Resident of village - Sajal Korama,
P.S.- Rajoun, District - Banka.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dhananjay Kumar Pandey, Adv.
For the Opposite Party/s : Mr.Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
5 16-02-2026 Heard the learned counsel for the petitioner as well
as the learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in
Rajoun P.S. Case No. 503 of 2024 registered under Sections 96,
352, 3(5) of B.N.S. and 8/12 of POCSO Act.
3. It is alleged that the petitioner took away the minor
daughter of the informant. When the informant went to his
house to inquire into the matter, the parents of the aforesaid
petitioner allegedly abused the informant.
4. The learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in
this case. The victim did not support the prosecution case in her
statement under Section 183 of the BNSS. She stated that she
Patna High Court CR. MISC. No.57562 of 2025(5) dt.16-02-2026
2/2
has solemnized marriage with the petitioner.
5. On the other hand, the learned counsel for the
informant has opposed the prayer for bail and submitted that the
statement of the victim has no relevance, as she is a minor girl
aged about 14 to 15 years.
6. The petitioner has been in custody since
17.10.2024, and the report of the learned trial court shows that
only the victim, the I.O., and the Doctor remain to be examined.
7. In my view, the petitioner does not deserve the
privilege of bail, which is hereby rejected.
8. The learned trial court is directed to conclude the
trial within a period of six months, failing which the petitioner
shall be at liberty to renew his prayer for bail before the court
below itself.
(Nawneet Kumar Pandey, J)
Nirmal/-
U T
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