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Patna High Court

Ravi KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted bail to the petitioners, subject to conditions, as they have no criminal antecedent and the alleged second statement of the victim is not on record.

Summary

The petitioners, Ravi Kumar and Bhola Prasad, sought bail fearing arrest in a case (PS Case No. 171 of 2025) filed under Section 96 and 3(5) of the Bhartiya Nayay Sanhita, 2023 and Section 8 of the POCSO Act, alleging the disappearance of a minor. The informant, Anuranjan Kumar, claimed the girl had gone to Punjab and later disappeared again, alleging involvement of the accused Saurabh Kumar, who is the brother and father of the petitioners. The court noted that the victim’s second statement was not on record, the petitioners have no criminal antecedent, and the alleged co‑accused Saurabh Kumar had not yet obtained relief. Considering these facts, the court held that the petitioners were entitled to bail, subject to strict conditions including a bail bond, sureties, cooperation with police, and non‑interference with witnesses. The order also directed the Superintendent of Police to form a team to locate the missing girl and required the petitioners and their family members to provide mobile numbers for investigation.

Issues considered

  • Whether bail should be granted to the petitioners in a case under the Bhartiya Nayay Sanhita and POCSO Act concerning the alleged disappearance of a minor.

Legislation cited

Subjects

  • bail
  • POCSO
  • disappearance of minor
  • Criminal Procedure Code
  • Section 438
  • investigation
  • witness tampering
  • Bhartiya Nayay Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.74803 of 2025
                     Arising Out of PS. Case No.-171 Year-2025 Thana- CHAUTHAM District- Khagaria
                 ======================================================
           1.     Ravi Kumar S/o Bhola Prasad Res OF Village- Bhutauli Malpa, PS-
                  Chautham, District- Khagaria
           2.    Bhola Prasad S/o Late Paltu Prasad @ Palat Prasad Res OF Village-
                 Bhutauli Malpa, PS- Chautham, District- Khagaria

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar Bihar
           2.    Anuranjan Kumar S/o Suresh Prasad Resident of Village- Bhutauli Malpa,
                 PS- Chautham, District- Khagaria

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr.Chandan Kumar Kashyap, Advocate
                 For the State           :        Mr. Jitendra Kumar Singh, APP
                 For the Informant       :        Mr.Ravi Shankar Roy, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   23-02-2026                   Heard Mr. Chandan Kumar Kashyap, learned counsel

                   for the petitioners and Mr. Ravi Shankar Roy, learned counsel

                   for the informant as also Mr. Jitendra Kumar Singh, learned

                   APP for the State.

                                 2. The petitioners are apprehending arrest in

                   connection with Chautham P.S. Case No. 171 of 2025 instituted

                   under Section 96, 3(5) of the Bhartiya Nayay Sanhita, 2023 and

                   section 8 of POCSO Act lodged on 01.07.2025 by the

                   informant, Anuranjan Kumar.

                                 3. As per the prosecution story, the informant alleged

                   that the daughter went out to study but failed to return and
Patna High Court CR. MISC. No.74803 of 2025(3) dt.23-02-2026
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          alleging the role of the family of the petitioner as also the

          Saurabh Kumar, the FIR.

                       4. In this case, the Court issued notice to opposite

          party no.2 and also called for the case diary. While the

          informant has appeared and the case diary on record. The

          statement made by the victim girl shows that she went on her

          own to Punjab as she was always scolded by the mother for the

          studies. This has been recorded at para-69 of the case diary on

          25.07.2025.

                       5. Learned counsel for the informant submits that

          subsequently, she made an application and gave the second

          statement alleging the role of the accused persons. However, on

          perusal of the case diary, this Court finds that there is no such

          second statement on 31.07.2025.

                       6. It has further been informed by the informant that

          subsequently, they again ensured the disappearance of the girl

          who is still traceless for which a petition was preferred on

          16.10.2025 which is part of the record of the case diary.

                       7. Learned counsel for the petitioner submits that not

          only Saurabh Kumar and the girl were in relationship, the girl

          gave her statement voluntarily but after five days, the family

          pressurized her to give another statement. The medical report
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          shows that she is between 17-18 years.

                       8. Considering the aforesaid facts and taking into

          account that the petitioner no.1 is the brother of the main

          accused, Saurabh Kumar while the petitioner no.2 is the father,

          both do not have criminal antecedent, the second statement of

          the victim girl is not on record and also recorded the submission

          of the learned counsel for the petitioner that so far as Saurabh

          Kumar is concerned, to the best of his knowledge, he has

          probably not been granted relief till date, in that background,

          this Court is of the opinion that the petitioners being the brother

          and father deserve bail.

                       9. Having recorded the order, this Court has taken

          note of the fact that the second petition shows that the girl has

          once again disappeared whether voluntarily or with the help of

          Saurabh Kumar, in that background, the Superintendent of

          Police, Khagaria is requested to look into the matter and form a

          team headed by a Dy.S.P. to ensure that the girl is recovered.

          Both these petitioners shall be providing their mobile numbers

          and cooperate in the police investigation to ensure recovery of

          the girl.

                       10. Needless to add, the other family members are

          also required to provide their mobile numbers as the recovery of
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          the girl should be the priority of the police.

                       11. Let the petitioners be released on bail, in the event

          of their arrest or surrender before the concerned court within a

          period of four weeks from the receipt of this order, on furnishing

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

          of the like amount each in connection with Chautham P.S. Case

          No. 171 of 2025 to the satisfaction of learned Chief Judicial

          Magistrate, Khagaria subject to the conditions as laid down

          under Section 438(2) of the Cr.P.C. as also the other conditions.

                       (i) one of the bailor should be the family

          member/relative of the petitioners who shall provide official

          document (Aadhar Card/Driving License/Voter ID/Pan Card

          etc.) to show his/her bona fide;

                       (ii) The petitioners shall be appearing before the

          police station as and when required for cooperating in the

          investigation;

                       (iii) the petitioners shall appear on each and every

          date before the Trial Court and failure to do so for two

          consecutive       dates     without      plausible   reason   will   entail

          cancellation of their bail bond by the Trial Court itself;

                       (iv) the petitioners shall in no way try to induce or

          promise or threat the witnesses or tamper with the evidences,
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                       failing which the State shall be at liberty to take steps for

                       cancellation of the bail bonds;

                                    (v) the petitioners shall desist from committing any

                       criminal offence again, failing which the State shall be at liberty

                       to take steps for cancellation of their bail bonds.

                                    12. Let a copy of this order be sent to the

                       Superintendent of Police, Khagaria for his/her perusal and

                       needful.



                                                      (Rajiv Roy, J)
Ravi/-

U        T


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