Patna High Court
Babby KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that bail should be granted to the petitioners subject to the conditions prescribed under the CrPC and the Bihar Negotiable Instruments Act.
Summary
The petitioners – Babby Kumar, Shambhu Ram and Golu – applied for bail fearing arrest in a case (Goraul P.S. Case No. 482 of 2024) alleging offences under Sections 137(2), 96, 3(5) of the Bihar Negotiable Instruments Act and Sections 4 and 6 of the POCSO Act, with the prosecution alleging abduction of a minor girl. The petitioners contended that they were falsely implicated and that the victim’s statement indicated she had left her home voluntarily. The court examined the claim of innocence and the victim’s statement, finding no compelling reason to deny bail. Relying on the provisions of Section 438(2) of the CrPC and Section 482 of the Bihar Negotiable Instruments Act, the court allowed the bail application. The petitioners were ordered to surrender within four weeks, furnish a bail bond of Rs 10,000 and two sureties of equal amount, subject to the usual conditions. The order effectively secured their release pending trial.
Issues considered
- Whether bail should be granted to the accused in a case involving alleged abduction under the POCSO Act and related offences.
- Whether the victim’s statement that she left home voluntarily warrants denial of bail.
Legislation cited
- Bihar Negotiable Instruments Act — s. 137(2), 3(5), 482, 96
- Code of Criminal Procedure, 1973 — s. 438(2)
- Protection of Children from Sexual Offences Act, 2012 — s. 4, 6
Subjects
- bail
- POCSO Act
- abduction
- Criminal Procedure
- victim statement
- Bihar law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68458 of 2025
Arising Out of PS. Case No.-482 Year-2024 Thana- GORAUL District- Vaishali
======================================================
1. Babby Kumar S/O Shambhu Ram @ Shambhu Ray Resident of Village-
Chehrakala, P.S.- Goraul, Dist.- Vaishali at Hajipur
2. Shambhu Ram @ Shambhu Ray S/O Late Lal Dev Ram Resident of Village-
Chehrakala, P.S.- Goraul, Dist.- Vaishali at Hajipur
3. Golu S/O Mithilesh Das @ Mithilesh Kumar Das Resident of Village-
Chehrakala, P.S.- Goraul, Dist.- Vaishali at Hajipur
... ... Petitioner/s
Versus
1. The State of Bihar BIHAR
2. Vilas Paswan R/O Vill.- Manjiya, P.O.- Baksama, P.S.- Kathara, Dist.-
Vaishali at Hajipur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sachin Kumar
For the Opposite Party/s : Mr.Rajendra Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 26-02-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners apprehend their arrest in
connection with Goraul P.S. Case No. 482 of 2024 registered for
the offence under Sections 137(2), 96, 3(5) of the BNS and
under Sections 4/6 of the POCSO Act.
3. As per the prosecution case, the petitioners are
said to have abducted the victim girl.
4. It has been submitted by the learned counsel for
the petitioners that the petitioners are innocent and they have
Patna High Court CR. MISC. No.68458 of 2025(4) dt.26-02-2026
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falsely been implicated in this case. It has further been
submitted by the learned counsel for the petitioners that from
the statement of the victim girl, it appears that she has left her
house on her own.
5. Considering the aforesaid facts, this application
is allowed.
6. Let the petitioners, above named, in the event of
their arrest or surrender before the concerned Court below
within four weeks from today, 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 concerned
Court below where the case is pending in connection with
Goraul P.S. Case No. 482 of 2024, subject to the conditions laid
down in Section 438(2) of the Code of Criminal Procedure,
1973 / Section 482 of the BNSS.
(Sandeep Kumar, J)
Vikas/-
U
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