Patna High Court
Guddu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court held that bail should be granted as the victim’s statement of voluntary elopement negates a prima facie case of kidnapping.
Summary
Guddu Kumar, the petitioner, applied for regular bail in a case registered under Sections 96 and 64(1) of the Bharatiya Nyaya Sanhita, 2023 and Section 4 of the POCSO Act, alleging kidnapping of a minor girl. The prosecution alleged that the petitioner had kidnapped the victim, while the victim’s statement indicated that she had voluntarily eloped with the petitioner. The petitioner’s counsel maintained his innocence and highlighted his custody since 04‑03‑2025. The State opposed bail, arguing the seriousness of the offences. The Court, after reviewing the victim’s statement, concluded that there was no prima facie case of kidnapping and allowed the regular bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties of the same amount.
Issues considered
- Whether regular bail can be granted to the accused under Sections 96 and 64(1) of the Bharatiya Nyaya Sanhita and Section 4 of the POCSO Act in view of the victim’s statement of voluntary elopement.
- Whether the allegations of kidnapping and offences under the POCSO Act warrant denial of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 64(1), 96
- Protection of Children from Sexual Offences Act, 2012 — s. 4
Subjects
- regular bail
- kidnapping
- elopement
- Bharatiya Nyaya Sanhita
- POCSO Act
- victim statement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66159 of 2025
Arising Out of PS. Case No.-35 Year-2024 Thana- Paura District- Khagaria
======================================================
Guddu Kumar S/o Bilo Yadav R/O Village- Paura, P.S.- Paura, Distt.-
Khagaria
... ... Petitioner/s
Versus
1. The State of Bihar
2. Karyanand Yadav S/O Mithlesh Yadav R/O Village- Paura, P.S.- Paura,
Distt.- Khagaria
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjeet Kumar Singh
For the Opposite Party/s : Mr. Madhura Nand Jha
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 24-03-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Paura P.S. Case No. 3 of 2024 registered for the offence under
Section(s) 96, 64(1) of the Bharatiya Nyaya Sanhita, 2023 and
Section 4 of the POCSO Act.
3. As per the prosecution case, the petitioner and
others are accused of kidnapping the victim girl.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 04.03.2025.
5. Learned A.P.P. for the State has vehemently
Patna High Court CR. MISC. No.66159 of 2025(4) dt.24-03-2026
2/2
opposed the prayer for bail.
6. I have considered the submissions of the parties and
have gone through the records of the case. The victim in her
statement states that she has eloped with the petitioner on her
own. In view of the statement of the victim girl, this application
for regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with Paura P.S. Case No.
35 of 2024.
(Sandeep Kumar, J)
Shishir/-
U T
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