Patna High Court
Ankush KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
In the absence of convincing evidence, the petitioner is entitled to pre‑arrest bail.
Summary
An 19‑year‑old petitioner, Ankush Kumar, was accused of kidnapping a minor girl under Sections 96, 352 and 3(5) of the Bihar Negotiable Sale (BNS) Act and Sections 8 and 12 of the POCSO Act. The FIR alleged that he, along with two unknown persons, abducted the victim, but the child’s statement recorded under Section 183 of the BNS did not name him and indicated she had been staying with a relative. The petitioner, who has a clean criminal record, applied for pre‑arrest bail. The State opposed the bail, but the court found no convincing evidence linking the petitioner to the crime and noted his recent attainment of adulthood. Consequently, the court granted pre‑arrest bail on the condition of a Rs.10,000 bond with two sureties and directed the district court to verify any other pending cases, after which the order would lapse.
Issues considered
- Whether pre‑arrest bail should be granted to a 19‑year‑old accused of kidnapping and offences under the POCSO Act in the absence of incriminating evidence.
- Whether the victim’s statement under Section 183 BNS, which does not implicate the petitioner, is sufficient to deny bail.
Legislation cited
Subjects
- kidnapping
- child sexual offence
- pre‑arrest bail
- POCSO Act
- minor
- age of majority
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68664 of 2025
Arising Out of PS. Case No.-97 Year-2025 Thana- GAMAHARIYA District- Madhepura
======================================================
Ankush Kumar, aged about 19 years, Male, S/o- Makkhan Sah @ Makakhan
Sah R/v- Gamhariya W.No-5, Ps- Gamhariya Dist- Madhepura
... ... Petitioner/s
Versus
1. The State of Bihar
2. Ms. X W/o- Dev Narayan Mehta Dist- Madhepura
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Pooja Prasad, Advocate
For the Opposite Party/s : Mr.Anil Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
3 20-02-2026 Heard Ms. Pooja Prasad, learned counsel appearing
on behalf of the petitioner and Mr. Anil Kumar, learned APP for
the State.
2. The petitioner seeks pre-arrest bail in connection
with Gamhariya P.S. Case No. 97/2025 registered for the
offence(s) punishable under Sections 96,352,3(5) of the BNS
and Section 8,12 of the POCSO Act.
3. As per the allegation made in the FIR, petitioner
along with two unknown persons has allegedly kidnapped the
minor daughter of the informant.
4. Learned counsel appearing on behalf of the
petitioner submitted that the incidence is of year 2025 and the
petitioner has just emerged as an adult, as on the date of filing of
Patna High Court CR. MISC. No.68664 of 2025(3) dt.20-02-2026
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the present bail application, his date has been disclosed as 19
years. It has been submitted that the victim was recovered from
bus stand on 26.05.2025 and the victim in her statement
recorded under Section 183 BNSS has not supported the
allegation made against the petitioner and has not taken his
name, rather she has admitted that for ten days, she was in the
house of hear Mami. Petitioner has clean antecedent. On these
grounds, petitioner seeks to be released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Having heard the rival submissions made on behalf
of the parties, as well, having perused the allegation made in the
FIR, I find that the petitioner, who on the date of filing of the
present bail application was 19 years old and the statement of
the victim recorded under Section 183 BNSS don’t support the
allegation, as alleged by the informant, who is mother of the
victim. In absence of any convincing evidence against the
petitioner, the petitioner who has just emerged as an adult and
having clean antecedent, is directed to be released on pre-arrest
bail, in the event of his arrest or surrender before the learned
District Court within a period of four weeks from today, on
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
Patna High Court CR. MISC. No.68664 of 2025(3) dt.20-02-2026
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with two sureties of the like amount each to the satisfaction of
learned District and Addl. Sessions Judge VI - cum-Spl. Judge,
POCSO, Madhepura / Concerned Court in connection with
Gamhariya P.S. Case No. 97/2025, subject to the conditions as
laid down under Section 482(2) of the BNSS.
7. The learned District Court is directed to verify
the criminal antecedent of the petitioner and if it is found
that the petitioner is involved in some other cases, as what
has been stated in paragraph no.3 of the bail application,
this order will automatically lose its force.
(Purnendu Singh, J)
Sanjay/-
U T
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