Patna High Court
Bihari Sah @ FagulalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
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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