Patna High Court
Prince Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
Prince Kumar Singh was charged with kidnapping, wrongful confinement, rape and offences under the POCSO Act for allegedly abducting a girl on 9 March 2024, holding her captive for 15 days, repeatedly assaulting her and abandoning her unconscious on 25 March 2024. The petitioner pleaded innocence, claiming the victim had married him and was living in his house, and asserted his clean antecedents. The State’s counsel conceded that the victim was indeed residing with the petitioner. The court considered these circumstances and, despite the seriousness of the charges, ordered the release of the petitioner on regular bail with a bond of Rs.10,000 and two sureties, subject to his cooperation and appearance in court. The petitioner was directed to be physically present on all scheduled dates.
Issues considered
- Whether regular bail can be granted in a case involving kidnapping, rape and offences under the POCSO Act.
- Whether the victim's residence with the accused and the claim of marriage affect the bail decision.
Legislation cited
- Indian Penal Code — s. 34, 342, 363, 376
- Protection of Children from Sexual Offences Act — s. 4, 6
Subjects
- regular bail
- kidnapping
- rape
- POCSO Act
- IPC
- criminal procedure
- victim residence
- marriage claim
- bail order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57975 of 2025
Arising Out of PS. Case No.-23 Year-2024 Thana- MAHILA P.S. District- Samastipur
======================================================
Prince Kumar Singh Son of Sadanand Singh Village- Lagma P.S -Singhia
District -Samastipur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Rinku Devi wife of Jitendra Prasad singh Village- Lagma P.S -Singhia
District -Samastipur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar Singh, Advocate
For the State : Mr. Shailendra Kumar, APP
For the Informant : Mr. Pravin Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
4 08-01-2026 Heard learned counsel for the petitioner as well as
informant and learned APP for the State.
2. In this case, the petitioner is seeking regular bail in
connection with Mahila P.S. Case No. 23 of 2024, registered for the
offences punishable under Sections 342, 363, 376, 34 of the IPC and
4 and 6 of POCSO Act.
3. As per the prosecution case, on 09.03.2024, the
petitioner along with some unknown co-accused persons, kidnapped
the victim. She was held captive in a room for 15 days and subjected
to repeated sexual assault and after that, she was abandoned in an
unconscious state on 25.03.2024.
4. The learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.57975 of 2025(4) dt.08-01-2026
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present case. Learned counsel has further submitted that the victim
has solemnized marriage with the petitioner and she is residing with
him in his house. The petitioner is a person of clean antecedent and is
in custody since 01.06.2025.
5. Learned APP for the State fairly conceded that the
victim is residing in the house of the petitioner.
6. Considering the above-mentioned facts and
circumstances, let the petitioner above-named be released on bail on
furnishing bail bonds of Rs.10,000/- with two sureties of the like
amount each to the satisfaction of learned Additional Sessions Judge-
VI-cum-Special Court (POCSO), Samastipur in connection with
Mahila P.S. Case No. 23 of 2024, subject to the condition that the
petitioner shall cooperate in the disposal of trial and make himself
available as and when required by the court.
7. The petitioner is directed to be present physically in the
learned Court below on each and every date fixed in the case.
(Nawneet Kumar Pandey, J)
priyanka/-
U T
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