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Patna High Court

Bihari Sah @ FagulalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Bihari Sah, was charged with kidnapping the minor daughter of an informant under Sections 137(2) and 96 of the B.N.S. and Sections 4 and 8 of the POCSO Act. The victim, aged 16-17, stated in her statement that she had love and affection for the petitioner, and the petitioner claimed he was falsely implicated and has been in custody since 13-06-2025. The State opposed his bail application, while the petitioner’s counsel argued innocence and lack of sufficient evidence. The court examined the seriousness of the offences, the victim’s statement, and the petitioner’s custody duration. It granted regular bail on a bond of Rs.10,000 with two sureties, subject to the petitioner’s appearance on all court dates.

Issues considered

  • Whether regular bail can be granted in a kidnapping case involving a minor under the POCSO Act and other statutes
  • Whether the circumstances and evidence justify continued detention

Legislation cited

Subjects

  • bail
  • kidnapping
  • minor
  • POCSO
  • regular bail
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.69327 of 2025
                     Arising Out of PS. Case No.-206 Year-2025 Thana- MIRGANJ District- Gopalganj
                 ======================================================
                 Bihari Sah @ Fagulal S/O Late Badelal Sah @ Ramji Sah Resident of Vill.-
                 Mirganj Turha Toli, P.S.- Mirganj, Dist.- Gopalganj

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Sannu Devi W/O Pintu Das Resident of Vill.- Mirganj Dabgar Toli, P.S.-
                 Mirganj, Dist.- Gopalganj

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Naresh Prasad
                 For the Opposite Party/s :       Mr.Binod Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

6   05-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks regular bail in connection with

                   Mirganj P.S. Case No. 206 of 2025 registered for the offence

                   punishable under Sections-137(2), 96 B.N.S. and Section-4/8 of

                   POCSO Act.

                                3. Allegation against the petitioner is of kidnapping

                   the minor daughter of the informant.

                                4. Learned counsel for the petitioner has submitted

                   that the petitioner is innocent and he has falsely been implicated

                   in this case. He is under custody since 13-06-2025. Charges

                   have been framed and the victim in her statement recorded
            Patna High Court CR. MISC. No.69327 of 2025(6) dt.05-02-2026
                                                        2/2




                      under Section 183 BNSS, has stated that she had love and

                      affection with the petitioner. According to medical report, the

                      age of the victim is between 16-17 years.

                                   5. Learned counsel appearing for the State has

                      opposed the prayer for bail.

                                   5. Considering the aforesaid facts and circumstances,

                      let the petitioner named above, 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 learned Chief Judicial

                      Magistrate, Gopalganj in connection with Mirganj P.S. Case

                      No. 206 of 2025 subject to the condition that the petitioner

                      will appear on each and every date fixed by the court below.



                                           (Nawneet Kumar Pandey, J)
A.K.V.//-

U      T


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