Created by Fuzzy Cloud

Patna High Court

Prince PatelversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to specified conditions.

Summary

Prince Patel was arrested on 22 July 2025 in connection with a kidnapping case involving a minor sister, alleged to have been abducted for marriage. The petition sought bail for offences under Sections 137(2), 140(1), 87, 351, 352, 3(5) of the BNS and Sections 8 and 10 of the POCSO Act. The prosecution opposed bail, emphasizing the victim's minority, while the petitioner’s counsel argued his clean antecedent and that the FIR was fabricated and the victim’s statement did not support the charges. The court, noting the petitioner’s clean record and lack of victim support, granted bail on a Rs.10,000 bond with two sureties, imposing conditions of cooperation, presence in court, and non‑tampering with evidence. The order also directed verification of the petitioner’s criminal antecedent without delaying bail.

Issues considered

  • Whether bail should be granted to the accused in offences involving kidnapping and POCSO charges despite the victim being a minor.

Legislation cited

  • BNS — s. 137(2), 140(1), 3(5), 351, 352, 87
  • POCSO Act — s. 10, 8

Subjects

  • bail
  • kidnapping
  • POCSO
  • minor
  • criminal antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.74084 of 2025
                  Arising Out of PS. Case No.-492 Year-2025 Thana- HARSIDHI District- East Champaran
                 ======================================================
                 Prince Patel S/o Shambhu Patel @ Shambhu Kumar R/o Village- Kritpur
                 Mathiya, P.S.- Harsidhi, District- East Champaran
                                                                    ... ... Petitioner
                                                      Versus
           1.     The State of Bihar
           2.     Kundan Kumar S/o Dlurgesh Mishra R/o Village- Kritpur Mathiya, P.S.-
                  Harsidhi, District- East Champaran
                                                                 ... ... Opposite Parties
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Abhishek Kumar, Advocate
                 For the Opposite Party/s :       Mr. Ganesh Prasad Singh, A.P.P.
                 For the Informant        :       Mr. Karandeep Kumar, Advocate
                                          :       Mr. Mrityunjay Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   19-03-2026                     Heard Mr. Abhishek Kumar, learned counsel for the

                   petitioner, Mr. Karandeep Kumar, learned counsel for the

                   informant and Mr. Ganesh Prasad Singh, learned Additional

                   Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   22.07.2025 in connection with Harsidhi P.S. Case No. 492 of

                   2025 for the offences punishable under Sections 137(2), 140(1),

                   87, 351, 352 and 3(5) of BNS and Sections 8 and 10 of POCSO

                   Act.

                               3. The prosecution story, in brief, is that on 15.07.2025

                   at about 19:45 P.M., the informant, Kundan Kumar, son of

                   Durgesh Mishra, resident of village- Kritpur Mathiya, P.S.-

                   Hersidhi, District- East Champaran, submitted written report

                   before the Officer-in-charge of Harsidhi P.S. alleging therein

                   that on 12.07.2025, accused-petitioner has kidnapped her minor
Patna High Court CR. MISC. No.74084 of 2025(3) dt.19-03-2026
                                            2/3




          sister with the help of his friends with the intention of marriage.

                      4. Learned counsel for the petitioner submits that

          petitioner has clean antecedent and is innocent and he has

          falsely been implicated in the present case. It is further

          submitted that the allegation as alleged in the FIR is forged and

          fabricated and the petitioner has not committed any offence as

          alleged in the FIR. Learned counsel for the petitioner further

          submits that the victim in her statement recorded under Section

          183 of BNSS has not supported the case of the prosecution.

                      5. The learned Additional Public Prosecutor and

          learned counsel for the informant, on the other hand, have

          vehemently opposed the prayer for bail of the petitioner and

          submitted that victim is a minor.

                       6. Considering the aforesaid facts and circumstances

          and the fact that petitioner is a person with clean antecedent and

          the victim has not supported the case of the prosecution, let the

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

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

          like amount each to the satisfaction of the learned 6th District

          and Additional Sessions Judge-cum-Exclusive Special Judge,

          POCSO Act, East Champaran, Motihari, Bihar in connection

          with Harsidhi P.S. Case No. 492 of 2025, subject to the
          Patna High Court CR. MISC. No.74084 of 2025(3) dt.19-03-2026
                                                      3/3




                    following conditions:-

                                 i. Petitioner shall co-operate in the trial and shall be

                    properly represented on each and every date fixed by the court

                    and shall remain physically present as directed by the court and

                    on his absence on two consecutive dates without sufficient

                    reason, his bail bond shall be canceled by the Court below.

                                 ii. If the petitioner tampers with the evidence or the

                    witnesses, in that case, the prosecution will be at liberty to

                    move for cancellation of bail.

                                 iii. And further condition that the court below shall

                    verify the criminal antecedent of the petitioner and in case at

                    any stage it is found that the petitioner has concealed his

                    criminal antecedent, the court below shall take step for

                    cancellation of bail bond of the petitioner. However, the

                    acceptance of bail bonds in terms of the above-mentioned order

                    shall not be delayed for purpose of or in the name of

                    verification.



                                           (Rajesh Kumar Verma, J)
Gaurav Sinha/-
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.