Patna High Court
Liladhar Mukhiya @ Ranjeetpur WaliversusThe State Of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The High Court allowed the bail application, directing the petitioners’ release on bond with conditions.
Summary
The petitioners, Sridevi and Liladhar Mukhiya, grandparents of the alleged kidnapper Abhishek Kumar, filed a bail application fearing arrest in a POCSO case (Dumra PS Case No.266 of 2025) involving the alleged kidnapping of a minor. The prosecution alleged offences under Sections 137(2) and 96 of the B.N.S. and Section 12 of the POCSO Act against the accused, but no specific allegation was made against the petitioners. The petitioners contended they had no criminal antecedent and were falsely implicated. The court, after hearing counsel, permitted correction of the father’s name and allowed the bail application, directing release on a bond of Rs 10,000 with two sureties, subject to Section 438(2) CrPC and Section 482 CrPC conditions, and ordered cooperation with the investigation and recovery of the victim. The Superintendent of Police was directed to take steps for the victim’s recovery.
Issues considered
- Whether the petitioners, who are only grandparents of the alleged kidnapper, can be granted bail under Section 438(2) CrPC and the provisions of the POCSO Act despite the pending investigation.
- Whether there is sufficient basis to detain the petitioners when no direct participation in the alleged kidnapping is alleged.
Legislation cited
- B.N.S. — s. 137(2), 96
- Code of Criminal Procedure, 1973 — s. 438(2), 482
- Protection of Children from Sexual Offences Act, 2012 — s. 12
Subjects
- bail
- POCSO Act
- kidnapping of minor
- Criminal Procedure Code
- investigation cooperation
- presumption of innocence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71677 of 2025
Arising Out of PS. Case No.-266 Year-2025 Thana- DUMRA District- Sitamarhi
======================================================
1. Sridevi @ Wife of Liladhar Mukhiya @ Ranjeetpur Wali Wife of Liladhar
Mukhiya Resident Of Village- Kumhara Vishanpur @ Kumhara Vishnupur,
P.s.- Dumra, Dist.- Sitamarhi
2. Liladhar Mukhiya S/O Dukhharan Mukhiya Resident Of Village- Kumhara
Vishanpur @ Kumhara Vishnupur, P.s.- Dumra, Dist.- Sitamarhi
... ... Petitioner/s
Versus
1. The State Of Bihar Patna
2. Sita Devi W/O late Sri Kant MaShivnath Mukhiya Resident Of Village-
Kumhara Vishanpur, Ward no. 12, P.s.- Dumra, Dist.- Sitamarhi
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar, Advocate
For the Opposite Party/s : Mr .Rajendra Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 21-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. Learned counsel for the petitioners is permitted to
make necessary correction in the father’s name of the petitioner
no. 2.
3. The petitioners apprehends their arrest in
connection with Dumra P.S. Case No. 266 of 2025 dated
01.06.2025 punishable for the offences under Sections 137(2),
96 of the B.N.S. and Section 12 of the POCSO Act.
4. As per the prosecution case, the co-accused person,
namely, Abhishek Kumar is alleged to have kidnapped the
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minor daughter of the informant.
5. It has been submitted by the learned counsel for the
petitioner that the petitioners are innocent and he has falsely
been implicated in this case. The petitioners are the grand
parents of the main accused, Abhishek Kumar who is said to
have kidnapped the victim girl. Learned counsel has submitted
that thought the victim girl has not been recovered but since the
the petitioners are grand parents of the main accused and there
is no allegation against them of having participated in the crime.
6. He further submits that the petitioners have no
criminal antecedent.
7. Considering the aforesaid facts, this application is
allowed.
8. Let the petitioners, above named, in the event of
their arrest or surrender before the concerned Court below
within four weeks from today, be released on bail on furnishing
bail bond of Rs. 10,000/- ( Ten Thousand) each with two
sureties of the like amount each to the satisfaction of the learned
District and Additional Sessions Judge-VI, cum Special Judge
(POCSO Act), Sitamarhi in connection with Dumra P.S. Case
No. 266 of 2025 subject to the conditions laid down in Section
438(2) of the Code of Criminal Procedure, 1973 / Section 482 of
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the B.N.S.S.
9. As a condition of this order, the petitioners, after
being released on bail is directed to co-operate in the
investigation.
10. The Superintendent of Police, Sitamarhi is
directed to take all steps for recovery of the victim girl.
(Sandeep Kumar, J)
atul/-
U T
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