Patna High Court
Santu @ Rocky KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court held that bail should be granted to the petitioner.
Summary
The petitioner, Santu @ Rocky Kumar, was arrested on charges of kidnapping the informant’s daughter allegedly for the purpose of marriage, under sections 137(2) and 96 of the BNS, 2023, in a POCSO case. The victim later gave a statement under Section 183 of the BNSS, saying she left home due to her mother’s assault, went voluntarily to Naubatpur, and returned to the police station with the petitioner, without alleging any assault or sexual wrongdoing. The petitioner, who has been in custody since 10 July 2025 and has no prior criminal record, applied for bail, undertaking to cooperate with the trial. The State and the second opposite party opposed bail, contending that the petitioner had allured and taken away the victim. Considering the victim’s voluntary statement, lack of any allegation of assault, the petitioner’s clean record, and the fact that a charge‑sheet has already been filed, the Court granted bail on a bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail should be granted to the accused in a POCSO case involving alleged kidnapping for marriage, given the victim’s voluntary statement and absence of assault allegations.
Legislation cited
Subjects
- bail
- kidnapping
- love marriage
- POCSO
- victim statement
- Section 183
- Bihar
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75064 of 2025
Arising Out of PS. Case No.-161 Year-2025 Thana- DULHIN BAZAR District- Patna
======================================================
Santu @ Rocky Kumar S/O Late Sakaldeo Yadav Resident of village- Kopa
(singhara), P.S.- Dulhin Bazar, Dist- Patna
... ... Petitioner/s
Versus
1. The State of Bihar
2. Taleshwar Yadav S/O Laldesh Yadav Resident of village- Dharamchak, P.O.-
Sadaweh, P.S.- Dulhin Bazar, Dist- Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar, Adv.
For the State : Mr.Surendra Prasad Singh, APP
For the OP No.2 : Mr. Rakesh Kumar, Adv.
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 13-02-2026 Heard learned counsel for the petitioner, learned
APP for the State and learned counsel for the opposite party
no.2.
2. A prayer for bail has been made on behalf of the
petitioner in connection with Spl. (POCSO) Case No. 230 of
2025 arising out of Dulhin Bazar P.S. Case no.161 of 2025
registered under sections 137(2) and 96 of BNS, 2023.
3. Allegation in the F.I.R is that petitioner kidnapped
the informant’s daughter for the purpose of marriage.
4. Learned counsel for the petitioner submits that
the present case arises out of love relationship between the
petitioner and the victim. After the recovery of the victim, her
Patna High Court CR. MISC. No.75064 of 2025(4) dt.13-02-2026
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statement was recorded under Section 183 of BNSS wherein she
has stated that she left her house on account of the fact that her
mother was assaulting her and had even taken away her mobile
phone. She further states that, in a fit of anger, she had gone to
Naubatpur on her own and upon coming to know that her
parents had lodged the present case, she returned and thereafter
went to Dulhin Bazar Police Station along with the petitioner.
Learned counsel for the petitioner submits that there is no
allegation what-so-ever of any assault of wrong doing and there
is no sign of recent sexual assault. The petitioner is in custody
since 10.07.2025 and has no criminal antecedent. He undertakes
to cooperate in the case/trial.
5. The application for bail is opposed by learned
A.P.P. for the State as also learned counsel for the opposite party
no.2 on the ground that the petitioner had allured the victim and
had taken her away.
6. Taking into consideration the aforesaid facts and
circumstances of the case and also considering the statement of
the victim given under Section 183 of BNSS and not putting any
allegation on the petitioner coupled with the fact that petitioner
is in custody since 10.07.2025 and charge-sheet has been
submitted in the case, the petitioner is directed to be enlarged on
Patna High Court CR. MISC. No.75064 of 2025(4) dt.13-02-2026
3/3
bail in connection with Spl. (POCSO) Case No. 230 of 2025
arising out of Dulhin Bazar P.S. Case no.161 of 2025 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 Court concerned where the case is
pending/successor Court.
(Soni Shrivastava, J)
Harsh/-
U T
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