Patna High Court
Prince PatelversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
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
Checking your session…