Patna High Court
Shrawan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail was granted to the petitioner on the condition of a Rs.10,000 bond and two sureties.
Summary
Shrawan Kumar was arrested on charges of kidnapping a minor under Sections 137(2), 96, 3(5) of the B.N.S. and Sections 4 and 6 of the POCSO Act. The prosecution alleged that he, along with co‑accused, abducted the informant's daughter. The petitioner argued that the FIR was lodged seven days after the incident and that the victim herself testified that she left home voluntarily, was in a consensual relationship, married the petitioner, and suffered no assault. The court noted the delay in filing the FIR and the victim’s statements recorded under Sections 180 and 183 of the B.N.S.S., finding no substantial allegation of wrongdoing. Considering the petitioner’s young age, clean record, and the lack of incriminating evidence, the court ordered his release on bail with a bond of Rs.10,000 and two sureties.
Issues considered
- Whether bail should be granted to the accused in a kidnapping and POCSO case where the victim’s statement indicates a voluntary relationship and there is a delay in filing the FIR.
Legislation cited
Subjects
- bail
- kidnapping
- POCSO
- victim statement
- delay in FIR
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66684 of 2025
Arising Out of PS. Case No.-19 Year-2025 Thana- Mission District- Sheikhpura
======================================================
Shrawan Kumar S/O Krishna Ram Resident of Village- Samachak, P.S.-
Mission (Barbigha), Dist.- Sheikhpura
... ... Petitioner/s
Versus
1. The State of Bihar
2. Usha Devi W/O Pradip Pandit Resident of Village- Samachak, P.S.- Mission
(Barbigha), Dist.- Sheikhpura
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sheo Kumar Prasad, Advocate
For the Opposite Party/s : Mr. Narendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
5 16-02-2026 Heard learned counsel for the petitioner and learned
APP for the State. Despite valid service of notice, none appears
on behalf of the opposite party no.2.
2. The petitioner seeks bail in a case registered for
the offence punishable under Sections 137(2), 96, 3(5) of the
B.N.S. and Section 4/6 of the POCSO Act.
3. As per the prosecution case, the petitioner along
with other co-accused person is said to have kidnapped the
daughter of the informant.
4. Learned counsel for the petitioner has submitted,
as the outset, that the First Information Report was lodged after
a delay of seven days and as a matter of fact, the victim was in
Patna High Court CR. MISC. No.66684 of 2025(5) dt.16-02-2026
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love relationship with the petitioner and for the said reasons
she had left her house on her own will and had gone to Gujarat
where she met the petitioner and solemnized marriage with him
and was staying along with the petitioner. This fact has been
disclosed by the victim herself in her statement both under
Sections 180 and 183 of the B.N.S.S.. She has particularly
stated that she had left the house as her parents were
threatening to get her married and it was only in Gujarat that
she had met the petitioner and has made a specific statement
that no wrong was committed with her. The petitioner is in
custody since 07.05.2025 and charge-sheet has been submitted.
5. Learned APP for the State opposed the grant of
bail on the basis of allegations made in the First Information
Report.
6. Taking into consideration the facts and
circumstances and considering the factum of delay in F.I.R.,
coupled with the fact that the statement of the victim recorded
under Sections 180 and 183 of the B.N.S.S., does not disclose
any substantial allegation against the petitioner of subjecting
her to any assault etc. rather the same expresses her willingness
to be with the petitioner, let the above named petitioner, who is
also a young boy, aged about 25 years, having no criminal
Patna High Court CR. MISC. No.66684 of 2025(5) dt.16-02-2026
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antecedents, be released on bail on furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned A.D.J.-cum-
Special Judge, POCSO Act, Sheikhpura/concerned Court
below in connection with Mission P.S. Case No. 19 of 2025,
POCSO Case No.35 of 2025.
(Soni Shrivastava, J)
anand/-
U T
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