Created by Fuzzy Cloud

Patna High Court

Ankush KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                            2/3




          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
                                                       3/3




                     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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.