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Patna High Court

Sukadev Das @ Sukadev RamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner.

Summary

Sukadev Das, a 20‑year‑old resident of West Champaran, was charged with kidnapping a 17‑year‑old girl, the daughter of an informant, under Sections 96 and 3(5) of the B.N.S. and Sections 8 and 12 of the POCSO Act. The FIR was lodged five days after the alleged incident, and the victim’s statements under Sections 180 and 183 of the B.N.S.S. indicated she had gone with the petitioner of her own will for a marriage proposal, with no medical evidence of sexual assault. The petitioner, in custody since 8 July 2025, applied for bail, arguing the delay in the FIR and the consensual nature of the alleged relationship. The State and the second opposite party opposed bail, citing the seriousness of the offences. Considering the delay, the victim’s statements, the petitioner’s young age, and the absence of evidence of sexual assault, the Court granted bail on a bond of Rs. 10,000 with two sureties, directing compliance with the lower court’s conditions.

Issues considered

  • Whether bail should be granted to the accused in a kidnapping and POCSO case given the delay in filing the FIR and the victim’s statements indicating consent.

Legislation cited

Subjects

  • bail
  • kidnapping
  • minor
  • POCSO
  • delay in FIR
  • consensual relationship
  • sexual assault allegation
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.73676 of 2025
                   Arising Out of PS. Case No.-63 Year-2025 Thana- PURUSHOTTAMPUR District- West
                                                        Champaran
                 ======================================================
                 Sukadev Das @ Sukadev Ram Son of Madan Das Resident of Village-
                 Bhluhiya, Ps - Purushotampur, Dist- West champaran
                                                                    ... ... Petitioner/s
                                                    Versus
           1.     The State of Bihar
           2.     XYZ Fathers name of YYY Resident of Village - Prera, Ps- Purshotampur,
                  Dist- West Champaran
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Janardan Prasad Singh, Sr. Advocate
                                          :      Mr. Dipak Kumar, Advocate
                                          :      Mr. Shailendra Kr. Singh, Advocate
                 For the O.P. No.2        :      Mr. Bimlesh Kr. Pandey, Advocate
                 For the State            :      Mr. Syed Mojibur Rahman, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

4   11-02-2026                       Heard Mr. Janardan Prasad Singh, learned Senior

                   Counsel for the petitioner, assisted by Mr. Dipak Kumar, learned

                   Advocate, Mr. Bimlesh Kumar Pandey, learned counsel for the

                   opposite party no.2 and Mr. Syed Mojibur Rahman learned APP

                   for the State.

                                     2. The petitioner seeks bail in a case registered for

                   the offence punishable under Sections 96, 3(5) of the B.N.S. and

                   Sections 8 and 12 of the POCSO Act.

                                     3. As per the prosecution case, the petitioner is

                   alleged to have kidnapped the minor daughter of the informant by

                   way of allurement on the pretext of marriage.

                                     4. Learned Senior counsel for the petitioner submits,
Patna High Court CR. MISC. No.73676 of 2025(4) dt.11-02-2026
                                            2/3




          at the outset, that the First Information Report has been lodged

          after a delay of five days inasmuch as, while occurrence had

          taken place on 14.05.2025, the F.I.R. was lodged on 19.05.2025,

          for which no plausible explanation has been tendered. F.I.R.

          makes it clear that the informant knew that his daughter, aged

          about 17 years, had gone along with the petitioner, while he

          waited for five days for lodging the First Information Report.

          Further after recovery, the statement of the victim girl was

          recorded under Section 180 of the B.N.S.S. wherein she has

          admitted that she had gone along with the petitioner, who is also

          aged about 20 years, by her own will and by the time they

          reached Delhi, there was several phone calls from the petitioner’s

          father, as such, they came back and presented themselves at the

          police office. However, subsequently her statement under Section

          183 of the B.N.S.S. was recorded, but after a lapse of three days

          wherein she was subjected to tutoring as she was in company of

          her parents and guardians, but even on reading of the said

          statement it would transpire that she had gone along with the

          petitioner to Delhi for the purposes of marriage and it was he,

          who had brought her back to the Court from where she had gone

          to the Mahila Police Station. So far as the medical evidence is

          concerned, paragraph no.80 indicates that there is no recent

          evidence of any sexual assault neither does the victim talk of
            Patna High Court CR. MISC. No.73676 of 2025(4) dt.11-02-2026
                                                        3/3




                      any sexual assault etc. upon her. The petitioner is in custody since

                      08.07.2025 and the charge-sheet has already been submitted on

                      05.08.2025.

                                       5. Learned APP for the State as well as learned

                      counsel for the opposite party no.2 have vehemently opposed the

                      grant of bail by submitting that there is a direct allegation on this

                      petitioner.

                                     6.    Taking      into    consideration   the   facts   and

                      circumstances and considering the delay in lodging of the First

                      Information Report, coupled with the statement of the victim both

                      under Sections 180 and 183 of the B.N.S.S. and also considering

                      that the petitioner is also a young boy aged about 20 years, who is

                      lodged in custody since 08.07.2025 for an offence which arises

                      out of love relationship between the petitioner and the victim, let

                      the above named petitioner, be released on bail on furnishing bail

                      bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of

                      the like amount each to the satisfaction of the learned District and

                      Additional Sessions Judge-VIIth-cum-Special Judge, POCSO,

                      West Champaran, Bettiah/concerned Court below in connection

                      with Purushottam P.S. Case No. 63 of 2025.



                                                (Soni Shrivastava, J)
anand/-
U       T


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