Patna High Court
Ravi KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
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
- Bhartiya Nayay Sanhita, 2023 — s. 3(5), 96
- Code of Criminal Procedure, 1973 — s. 438(2)
- Protection of Children from Sexual Offences Act, 2012 — s. 8
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
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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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