Patna High Court
Suraj Kumar DasversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SONI SHRIVASTAVA
Holding
The court confirmed the provisional bail previously granted to the petitioner.
Summary
The petitioner, Suraj Kumar Das, was charged under IPC sections 363, 366A and 34 and POCSO Act sections 8 and 12 for allegedly kidnapping a girl for marriage. The FIR was lodged a year after the alleged incident, and the victim later testified that she left home voluntarily and was in a consensual relationship with the petitioner, even marrying him. The petitioner had already been granted provisional bail on 23‑12‑2025. The State opposed the bail application, but the court considered the victim’s statements and the delay in filing the FIR. Consequently, the court confirmed the provisional bail and disposed of the application.
Issues considered
- Whether the petitioner is entitled to bail despite charges of kidnapping for marriage and offences under the POCSO Act.
- Whether the one‑year delay in lodging the FIR warrants bail.
- Whether the victim’s consent and statements negate the alleged kidnapping.
Legislation cited
- Indian Penal Code — s. 34, 363, 366A
- Protection of Children from Sexual Offences Act — s. 12, 8
Subjects
- bail
- kidnapping for marriage
- POCSO
- delay in FIR
- victim consent
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65075 of 2025
Arising Out of PS. Case No.-87 Year-2024 Thana- DHORAIYA District- Banka
======================================================
Suraj Kumar Das S/O Baidyanath Das @ Baidyanath Harijan R/O Village-
Pair Lahoriya, P.S- Dhoraiya, Distt.- Banka.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Bhagwati Devi W/O Nandlal Harijan R/O Village- Pair Lohoriya, P.S-
Dhoriya, Distt.- Banka.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ankit Raj, Adv.
For the Opposite Party/s : Mr.Syed Mojibur Rahman, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
5 11-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. A prayer for bail has been made on behalf of the
petitioner in connection with Dhoraiya P.S. Case no.87 of 2024
registered under sections 363, 366A and 34 of IPC and Section 8
and 12 of POCSO Act.
3. Allegation in the F.I.R is that petitioner kidnapped
the victim girl for the purpose of marriage.
4. Learned counsel for the petitioner submits that the
F.I.R. was lodged after an inordinate delay of about one year,
inasmuch as the victim left her house on 13.03.2023 whereas the
F.I.R. was lodged on 12.03.2024. During the intervening period,
the informant did not lodge any complaint against the petitoner.
Patna High Court CR. MISC. No.65075 of 2025(5) dt.11-02-2026
2/2
It is further submitted that the case arises out of a love affair
between the petitioner and the victim, pursuant to which their
marriage was also solemnized. After the recovery of the victim,
her statements were recorded both under Sections 180 and 183
of the BNSS, which indicate that she had left her house with the
petitioner of her own free will, as they were in a consensual
relationship. However, she returned home after having
knowledge of the present F.I.R. lodged by her mother. It is
further submitted that by order dated 23.12.2025, this Court had
already granted provisional bail to the petitioner.
5. The application for bail is opposed by learned
A.P.P. for the State.
6. Taking into consideration the aforesaid facts and
circumstances of the case and also considering the statement of
the victim recorded under Section 183 of BNSS indicating love
affair between the victim and the petitioner, interim/provisional
bail granted to the petitioner vide order dated 23.12.2025 stands
confirmed.
7. The application stands disposed of.
(Soni Shrivastava, J)
Harsh/-
U T
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