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Patna High Court

Pankaj Kumar @ Suraj Kumar @ SurajversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted regular bail to the petitioner.

Summary

The petitioner, Pankaj Kumar, was charged under IPC sections 363, 366(A), 376 and POCSO Act sections 4 and 6 for allegedly kidnapping and raping the minor daughter of an informant. The victim’s statements recorded under BNSS sections 180 and 183 claim she went with the petitioner to Mumbai, was forcefully married and had a physical relationship, but she denied undergoing a medical examination. The petitioner argued that the victim’s denial of medical evidence weakens the rape allegation and that the FIR was lodged three days after the alleged incident, indicating a delay. The State opposed bail, emphasizing the seriousness of the offences. The Court, considering the lack of medical evidence, the victim’s own statements, and the fact that only charges had been framed with no witnesses examined, granted regular bail on a bond of Rs 10,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to regular bail despite charges of kidnapping, forced marriage and rape under the IPC and POCSO Act.
  • Whether the victim’s denial of medical examination and her statements under BNSS affect the strength of the prosecution’s case.
  • Whether the delay between the alleged occurrence and filing of the FIR is a ground to deny bail.

Legislation cited

Subjects

  • bail
  • kidnapping
  • rape
  • POCSO
  • forced marriage
  • victim statements
  • delay in FIR
  • Indian Penal Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6138 of 2026
                   Arising Out of PS. Case No.-108 Year-2024 Thana- SAHEBGANJ District- Muzaffarpur
                 ======================================================
                 Pankaj Kumar @ Suraj Kumar @ Suraj Son of Ramsurat Ram @ Surat Ram
                 Resident of Village- Jagdishpur, P.S.- Sahebganj, Dist- Muzaffarpur

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    XX Daughter of XY Resident of Village- Madhurapur, P.S.- Sahebganj,
                 Dist- Muzaffarpur

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sumit Jha
                 For the Opposite Party/s :       Mr.Ram Bilash Roy Raman
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

6   07-05-2026                  Heard learned counsel for the parties.

                                2 The petitioner seeks regular bail in a case registered

                   for the offence punishable under Sections 363, 366 (A), 376 of

                   the Indian Penal Code and Sections 4/6 of the POCSO Act.

                                3 The prosecution case, in short, is that the petitioner

                   along with others kidnapped the minor daughter of the

                   informant.

                                4 Learned counsel for the petitioner submits that

                   during the course of investigation, the statements of the victim

                   have been recorded under Sections 180 and 183 of the BNSS.

                   In her statement recorded under Section 180 of the BNSS, she

                   has stated that as her father and brother have beaten her, she
Patna High Court CR. MISC. No.6138 of 2026(6) dt.07-05-2026
                                            2/3




          went with the petitioner who took her to Mumbai. They started

          living in Mumbai in a rented house and that the petitioner has

          forcefully solemnized marriage with her and has also

          established forceful physical relationship.          In her statement

          under Section 183 of the BNSS, she has stated that the petitioner

          was studying with her in the coaching. Anyhow the petitioner

          got her mobile phone number and started talking with her. He

          called her for seeing fare and, thereafter, took her to Mumbai

          and solemnized marriage forcefully. Learned counsel for the

          petitioner has submitted that as per the FIR, the date of the

          occurrence is 07.03.2024 whereas the FIR was lodged on

          10.03.2024. The delay is not explained. It is further submitted

          that from perusal of the statement of the victim recorded under

          Section 183 of the BNSS, it is clear that she has denied her

          medical examination. In her both statements one thing is clear

          that both were knowing each other from before and that they

          had proceeded to Mumbai. So far as allegation of solemnizing

          forcible marriage and establishing physical relation is

          concerned, that is not substantiated as the victim has herself

          denied medical examination.              As the victim has denied her

          medical examination, the allegation of rape gets weekend.

                       5 A report was called for regarding the stage of trial
           Patna High Court CR. MISC. No.6138 of 2026(6) dt.07-05-2026
                                                       3/3




                     which goes to show that only charges have been framed and no

                     witness has turned up for examination.

                                  6 Learned APP appearing for the State has

                     vehemently opposed the prayer for bail.

                                  7 Considering the aforesaid facts and circumstances

                     of the case, this Court is inclined to enlarge the petitioner on

                     bail. The above named petitioner is directed to be released on

                     bail on his furnishing bonds of Rs 10,000/- (Rupees Ten

                     Thousand) with two sureties of the like amount each to the

                     satisfaction of learned Exclusive Special Court POCSO III,

                     Muzaffarpur in Sahebganj PS Case No 108 of 2024.



                                            (Ashok Kumar Pandey, J)
M.E.H./-

U      T


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