Patna High Court
Suraj Kumar @ Suraj Kumar DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted bail to the petitioner, subject to bond and surety conditions.
Summary
Suraj Kumar applied for bail after learning that he may be arrested in connection with Mahindwara P.S. Case No. 154 of 2023, which alleges kidnapping and rape under IPC sections 363, 366(A), 376, as well as offences under the POCSO Act and the Immoral Traffic Act. The prosecution contends that the petitioner abducted and raped a minor, while the petitioner claims innocence, asserting that the alleged victim eloped with him to Punjab. The court examined the bail application, considering the seriousness of the charges and the petitioner’s claim of lack of culpability. It concluded that bail could be granted pending trial, subject to conditions. Accordingly, the court ordered the petitioner’s release on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the provisions of Section 438(2) of the CrPC and Section 482 of the CrPC.
Issues considered
- Whether bail should be granted to the petitioner in a case involving alleged kidnapping and rape of a minor.
- Whether the allegations constitute sufficient grounds to deny bail under the CrPC.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482
- Immoral Traffic (Prevention) Act — s. ¾
- Indian Penal Code — s. 363, 366A, 376
- Protection of Children from Sexual Offences Act — s. 8
Subjects
- bail
- kidnapping
- rape
- POCSO
- Criminal Procedure
- High Court
- Sitamarhi
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60850 of 2025
Arising Out of PS. Case No.-154 Year-2023 Thana- MAHINDWARA District- Sitamarhi
======================================================
Suraj Kumar @ Suraj Kumar Das S/O Tapeshwar Das Resident of Village-
Nunaura, P.S.- Mahindwara, Dist- Sitamarhi
... ... Petitioner/s
Versus
1. The State of Bihar
2. Pramod Mahto S/O Kapil Mahto Resident of Village- Subhaigarh, P.S.-
Mahindwara, Dist- Sitamarhi
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Kumar Jha
For the Opposite Party/s : Mr.Navin Kumar Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
7 20-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Mahindwara P.S. Case No. 154 of 2023
registered for the offence under Sections 363, 366(A), 376 of
the Indian Penal Code, under Section 8 of the POCSO Act and
under Section ¾ of the Immoral Traffic Act.
3. As per the prosecution case, the petitioner is
said to have abducted the victim girl and committed rape with
her.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely
Patna High Court CR. MISC. No.60850 of 2025(7) dt.20-02-2026
2/2
been implicated in this case. He further submits that from the
impugned order, it appears that the victim has eloped with the
petitioner and gone to Punjab.
5. Considering the aforesaid facts, this application
is allowed.
6. Let the petitioner, above named, in the event of
his arrest or surrender before the concerned Court below within
four weeks from today, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned ADJ-VI-cum-
Special Judge, POCSO, Sitamarhi/concerned Court below in
connection with Mahindwara P.S. Case No. 154 of 2023, subject
to the conditions laid down in Section 438(2) of the Code of
Criminal Procedure, 1973 / Section 482 of the BNSS.
(Sandeep Kumar, J)
Vikas/-
U
Checking your session…