Patna High Court
Ravi KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that bail may be granted in the POCSO case as the facts did not warrant continued detention.
Summary
The petitioner, Ravi Kumar, was arrested on 23 August 2025 for allegedly kidnapping the daughter of an informant, a case registered under sections 64, 87 and 137(2) of the B.N.S., 2023 and section 6 of the POCSO Act. The victim girl was reported to have been in a relationship with the petitioner, which was highlighted in the lower court's order. The petitioner applied for bail, contending that the relationship and the nature of the offences did not justify continued detention. The High Court examined whether bail could be granted in a POCSO case involving alleged kidnapping and a consensual relationship with a minor. Considering the facts, the Court concluded that the circumstances did not warrant denial of bail. Accordingly, the Court ordered the petitioner to be released on bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount.
Issues considered
- Whether bail can be granted to an accused under sections 64, 87, 137(2) of the B.N.S., 2023 and section 6 of the POCSO Act in a kidnapping case involving a minor.
- Whether the alleged consensual relationship between the accused and the minor precludes the grant of bail.
Legislation cited
- B.N.S., 2023 — s. 137(2), 64, 87
- POCSO Act — s. 6
Subjects
- bail
- POCSO
- kidnapping
- minor
- relationship
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6957 of 2026
Arising Out of PS. Case No.-232 Year-2025 Thana- SOHSARAI District- Nalanda
======================================================
Ravi Kumar S/O Anil Sharma R/O Vill.- Basar, Post- Arai Keshopur, Shevtar,
P.S.- Atri, Dist.- Gaya ji
... ... Petitioner
Versus
1. The State of Bihar
2. X S/O Dhobi Chaudhari R/O Mohalla- Uttar Bazar Badi Masjid, PS.-
Warsaliganj, Dist.- Nawada, at Present R/at Mohalla- Mugal Kuan, Baulipar
in Neha Bhawan at Sohsarai, P.s.- Sohsarai, Dist.- Nalanda.
... ... Opposite Parties
======================================================
Appearance :
For the Petitioner : Mr. Arvind Kumar Singh, Advocate
For the State : Mr. Jharkhandi Upadhyay, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 26-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
POCSO Case No.195 of 2025, arising out of Sohsarai P.S. Case
No.232 of 2025 registered for the offence under sections 64, 87
and 137(2) of the B.N.S., 2023 and under section 6 of the
POCSO Act.
3. The petitioner is accused of kidnapping the
daughter of the informant. He is in custody since 23.08.2025.
4. From the impugned order of the court below,
it appears that the victim girl was in a relationship with the
petitioner.
Patna High Court CR. MISC. No.6957 of 2026(4) dt.26-03-2026
2/2
5. Considering the aforesaid facts, this bail
application is allowed.
6. Let the petitioner, above named, be released
on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand)
with two sureties of the like amount each to the satisfaction of
concerned Court below, in connection with POCSO Case
No.195 of 2025, arising out of Sohsarai P.S. Case No.232 of
2025.
(Sandeep Kumar, J)
pawan/-
U T
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