Created by Fuzzy Cloud

Patna High Court

BASHISHTH MUKHIYA @ VASIST MUKHIYAversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                 ======================================================
                 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
Patna High Court CR. MISC. No.72838 of 2025(6) dt.10-02-2026
                                            2/3




          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
              Patna High Court CR. MISC. No.72838 of 2025(6) dt.10-02-2026
                                                          3/3




                        amount each to the satisfaction of the learned Court concerned

                        where the case is pending/successor Court.



                                                  (Soni Shrivastava, J)
Harsh/-

U         T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.