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Patna High Court

Suraj Kumar DasversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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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