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Patna High Court

Rupesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioner, subject to strict conditions, because he has a clean antecedent and the victim’s statement does not substantiate the prosecution’s case.

Summary

The petitioner, Rupesh Kumar, was arrested in connection with a kidnapping and alleged offences under Sections 137(2), 96, 3(5) of the IPC and Sections 8 and 12 of the POCSO Act. He applied for bail, claiming a clean antecedent and that the FIR was fabricated, while the victim’s statement recorded under Section 183 of the BNSS did not support the prosecution. The State opposed the bail, but the second opposite party failed to appear despite service of notice. The court noted the petitioner’s clean record, the lack of corroboration from the victim, and the absence of opposition from the second opposite party. Consequently, the court granted bail on a bond of Rs 10,000 with two sureties, imposing conditions of cooperation, presence in court, and non‑tampering with evidence. The bail order was made subject to verification of the petitioner’s criminal antecedent and compliance with the stipulated conditions.

Issues considered

  • Whether bail should be granted to the accused in a case involving alleged kidnapping and offences under the IPC and POCSO Act.
  • Whether the victim’s statement recorded under Section 183 of the BNSS, which does not support the prosecution, affects the grant of bail.

Legislation cited

Subjects

  • bail
  • POCSO
  • kidnapping
  • minor
  • clean antecedent
  • Section 183 BNSS
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6546 of 2026
                    Arising Out of PS. Case No.-22 Year-2025 Thana- SIMRI BAKHTIYARPUR District-
                                                         Saharsa
                 ======================================================
                 Rupesh Kumar S/O Sone Lal Yadav Resident of Village- Mobarakpur, P.S-
                 Salkhua, District- Saharsa.

                                                                                  ... ... Petitioner
                                                      Versus
           1.    The State of Bihar
           2.    XXX D/O Ramesh Kumar S/O Late Kallar Mehta, R/O Village- Mahkhar
                 Ward No. 07, P.S- Bakhtiyarpur, Distt.- Saharsa.

                                                         ... ... Opposite Parties
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Kamal Kishore Singh, Advocate
                 For the Opposite Party/s :      Mr. Ram Bilash Roy Raman, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

4   23-03-2026                      Heard Mr. Kamal Kishore Singh, learned counsel

                   for the petitioner and Mr. Ram Bilash Roy Raman, learned

                   Additional Public Prosecutor for the State.

                                2. Despite valid service of notice, no one appeared on

                   behalf of O.P. No. 2.

                               3. Petitioner seeks bail who is in custody since

                   16.10.2025 in connection with Bakhtiyarpur P.S. Case No. 22 of

                   2025 for the offences punishable under Sections 137(2), 96 and

                   3(5) and Sections 8 and 12 of the POCSO

                               4. The prosecution case, in brief, is that one Ramesh

                   Kumar gave typed written application to the S.H.O,

                   Bakhtiyarpur police station on 16.1.2025 alleging there in that
Patna High Court CR. MISC. No.6546 of 2026(4) dt.23-03-2026
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          her daughter (Victim) aged about 16 Years on 16.1.2025 at

          about 7:00 A.M went for some work. After some time, when she

          did not return then he and his other family members went out to

          search for his daughter and on query he came to know from the

          people gathered there that her minor daughter has forcibly been

          taken away in white colour Scorpio by Rupesh Kumar

          (Petitioner) Son of Sone Lal Yadav 2. Sonelal Yadav Son of

          Unknown resident of village- Mobarakpur, P.S.- Salkhua,

          District- Saharsa, alongwith two three of their associates. Since

          few months ago Rupesh Kumar used to call me from his

          different      mobile       numbers-        9311412515,   7209555741,

          7991158712,           6201817272,          8948225090,    9279795605,

          8540056051,8434521007,                   9102879071,      9661507537,

          7061210671,           9791893018,           9279795605,   7061933080,

          98013599886, 8881088438, 9279761895 on his mobile no.

          9523658226 and 9534950259 and threatened if you will not

          marry your daughter Sivangi with him then the accused persons

          will his entire family members. It is further alleged that due to

          fear and prestige he has blocked all these mobile numbers. It is

          further alleged that after which her daughter was kidnapped by

          these people under a conspiracy and wrong intention. Thereafter

          he is afraid that these people can do some untoward incident
Patna High Court CR. MISC. No.6546 of 2026(4) dt.23-03-2026
                                            3/4




          with her daughter. It is further alleged that her daughter has a

          mobile number 9534950259 which is continuously coming

          switched off. Hence, he respectfully tried to recover his

          daughter immediately.

                      5. Learned counsel for the petitioner submits that

          petitioner has clean antecedent and is innocent and he has

          falsely been implicated in the present case. It is further

          submitted that the allegation as alleged in the FIR is forged and

          fabricated and the petitioner has not committed any offence as

          alleged in the FIR. It is next submitted that the statement of the

          victim was recorded under Section 183 of BNSS in which she

          has not supported the case of the prosecution.

                      6. The learned Additional Public Prosecutor, on the

          other hand, has vehemently opposed the prayer for bail of the

          petitioner.

                        7. Considering the aforesaid facts and circumstances

          and that petitioner is a person with clean antecedent and also

          that the victim in her statement recorded under Section 183 of

          BNSS has not supported the case of the prosecution, let the

          petitioner, above named, 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 Special
           Patna High Court CR. MISC. No.6546 of 2026(4) dt.23-03-2026
                                                       4/4




                     Judge, POCSO, Saharsa in connection with Bakhtiyarpur P.S.

                     Case No. 22 of 2025, subject to the following conditions:-

                                  i. Petitioner shall co-operate in the trial and shall be

                     properly represented on each and every date fixed by the court

                     and shall remain physically present as directed by the court and

                     on his absence on two consecutive dates without sufficient

                     reason, his bail bond shall be canceled by the Court below.

                                  ii. If the petitioner tampers with the evidence or the

                     witnesses, in that case, the prosecution will be at liberty to

                     move for cancellation of bail.

                                  iii. And further condition that the court below shall

                     verify the criminal antecedent of the petitioner and in case at

                     any stage it is found that the petitioner has concealed his

                     criminal antecedent, the court below shall take step for

                     cancellation of bail bond of the petitioner. However, the

                     acceptance of bail bonds in terms of the above-mentioned order

                     shall not be delayed for purpose of or in the name of

                     verification.



                                            (Rajesh Kumar Verma, J)
Gaurav Sinha/-

U      T


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