Patna High Court
BASHISHTH MUKHIYA @ VASIST MUKHIYAversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted bail to the petitioner, finding that the victim’s voluntary elopement and lack of sexual assault allegation removed the basis for continued detention.
Summary
Bashisht Mukhiya was arrested in connection with a case registered under IPC sections 366A (kidnapping for marriage) and 34, and Section 8 of the POCSO Act, alleging that he kidnapped the minor daughter of an informant for marriage. The petitioner argued that the FIR was lodged 45 days after the alleged incident and that the victim’s statement under Section 183 of the B.N.S.S. showed she voluntarily eloped and married the petitioner, negating any kidnapping or sexual assault. The State opposed bail, citing the seriousness of the offences involving a minor. The Court examined the victim’s voluntary statement, the absence of any allegation of sexual assault, the delay in filing the FIR, and the petitioner’s clean record. Concluding that the allegations of kidnapping and sexual assault were not substantiated, the Court ordered the petitioner to be released on bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to bail despite charges under IPC 366A, 34 and POCSO Act Section 8 for alleged kidnapping of a minor.
- Whether the victim’s voluntary statement under Section 183 B.N.S.S. negates the kidnapping and sexual assault allegations.
- Whether the 45‑day delay in lodging the FIR impacts the grant of bail.
Legislation cited
- B.N.S.S. — s. 183
- Indian Penal Code — s. 34, 366A
- Protection of Children from Sexual Offences Act — s. 8
Subjects
- bail
- kidnapping for marriage
- POCSO
- delay in FIR
- victim consent
- minor
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72838 of 2025
Arising Out of PS. Case No.-10 Year-2024 Thana- SRINAGAR District- West Champaran
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BASHISHTH MUKHIYA @ VASIST MUKHIYA S/O JATAN MUKHIYA
VILLAGE- BAGHAMBARPUR, BIN TOLI ,WARD NO.- 14, POLICE
STATION- SHRINAGAR DISTRICT- WEST CHAMPARAN
... ... Petitioner/s
Versus
1. The State of Bihar
2. Munna Gaddi S/O Late Islam Gaddi R/O Vill.- Pujahan Gadhiyani, Ward
No.- 8, P.S- Shrinagar, Dist- West Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sarvesh Kashyap, Adv.
For the Opposite Party/s : Mr.Ram Naresh Ray, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
6 10-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. A prayer for bail has been made on behalf of the
petitioner in connection with Shrinagar P.S. Case no.10 of 2024
registered under sections 366A and 34 of IPC and Section 8 of
the POCSO Act.
3. The allegations in the F.I.R is that informant’s
minor daughter was kidnapped by the petitioner for the purpose
of marriage.
4. Learned counsel for the petitioner submits that
there is inordinate and unexplained delay of 45 days in lodging
of the F.I.R inasmuch as while the occurrence took place on
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18.12.2023, the F.I.R was lodged on 02.02.2024. It is further
submitted that the statement of the victim was recorded under
Section 183 of the B.N.S.S., which clearly indicates that the
petitioner and the victim were in a love relationship. The victim
voluntarily left her parental home out of her own free will and
accompanied the petitioner and solemnized marriage in a temple
in Banglore. It is further submitted that there is no allegation of
any sexual assault at the hands of the petitioner. The petitioner
is in custody since 13.08.2025 and has no criminal antecedent.
He undertakes to cooperate with the case/trial.
5. The application for bail is opposed by learned
A.P.P. for the State.
6. Taking into consideration the aforesaid facts and
circumstances of the case and also considering the fact that the
victim in her statement recorded under Section 183 BNSS has
stated that she eloped with the petitioner out of her own sweet
will and had solemnized marriage with him which negates the
entire allegation of kidnapping and there is no allegation of any
sexual assault upon the victim at the hands of the petitioner, the
petitioner is directed to be enlarged on bail in connection with
Shrinagar P.S. Case no.10 of 2024 on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
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amount each to the satisfaction of the learned Court concerned
where the case is pending/successor Court.
(Soni Shrivastava, J)
Harsh/-
U T
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