Patna High Court
Anand KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The Court granted regular bail to the petitioner.
Summary
Anand Kumar was arrested in connection with a case involving alleged kidnapping, sexual offences under the POCSO Act, and child marriage violations. The prosecution alleged that the victim, a minor, was taken away by the petitioner after returning from Mumbai. The petitioner contended that the kidnapping allegation was false, citing the victim's statement under Section 183 of the B.N.S. that she voluntarily went with him, and argued there was no evidence of enticing or physical assault. The State and the second opposite party opposed bail, emphasizing the victim's minority. After considering the submissions and the lack of substantive evidence, the Court ordered the petitioner to be released on regular bail upon furnishing a bail bond and sureties. The application for bail was therefore allowed.
Issues considered
- Whether the petitioner is entitled to regular bail despite charges under Section 96 B.N.S., Section 65(1) B.N.S., Sections 4/6 POCSO Act, and Section 9 Child Marriage Prohibition Act.
- Whether the alleged kidnapping satisfies the elements of Section 96 B.N.S. and Section 137(2) B.N.S.
- Whether the victim was a minor at the time of the alleged offence, affecting bail considerations.
Legislation cited
- B.N.S. — s. 137(2), 183, 65(1), 96
- Child Marriage Prohibition Act — s. 9
- POCSO Act — s. 4, 6
Subjects
- regular bail
- kidnapping
- minor
- POCSO
- child marriage
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7538 of 2026
Arising Out of PS. Case No.-74 Year-2025 Thana- KAJRAILI District- Bhagalpur
======================================================
Anand Kumar S/O Siyasram @ Siyas Ram @ Siyasharan Ram @ Shiya
Sharam Ram @ Siya Sharan Ram R/O Village- Mandhban, Police Station-
Benipatti, District- Madhubani.
... ... Petitioner/s
Versus
1. The State of Bihar Patna
2. X S/O X R/O Mohalla- Simariya, Police Station- Kajraili, District-
Bhagalpur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Ranjan, Advocate
For the Opposite Party/s : Mr. Dr. Indiwar Kumari, APP
For the O.P. No.2 : Mr. Ayushi Choudhary, Advocate
Mr. Md. Najmul Hooda, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
4 18-04-2026 Heard learned counsel for the petitioner, learned
counsel for the Opposite Party No.2 and learned APP for the
State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Kajraili P.S. Case No. 74
of 2025 dated 04.08.2025 registered for the offences punishable
under Section 96 of B.N.S. and later on Section 65(1) of B.N.S.,
Section 4/6 of POCSO Act and Section 9 of the Child Marriage
Prohibition Act were added.
3. As per the prosecution case, the daughter of the
informant aged about 15 years had gone to Mumbai to work
Patna High Court CR. MISC. No.7538 of 2026(4) dt.18-04-2026
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with a woman of the same village three months ago. Thereafter,
the victim’s daughter met a boy there and fell in love with him.
Thereafter, the victim came back from Mumbai on 22.07.2025,
after coming home on 25.07.2025 at 04:00 P.M., the victim left
her house without informing anybody with the present
petitioner.
4. Learned counsel for the petitioner has submitted
that the allegation as regards the kidnapping of the victim is
palpably false, in view of her statement recorded under Section
183 B.N.S.S., wherein she has categorically stated that she took
away the petitioner and the petitioner joined her company
wilfully. Moreover, there is no element of enticing away or
taking away as provided under Section 137(2) B.N.S., so as to
constitute offence under Section 96 B.N.S. Learned counsel for
the petitioner has further submitted that charge-sheet has been
submitted in this case. It has further been submitted that there is
no allegation of establishing physical relationship with the
victim or of any physical assault and the victim is not of such
tender age, so as to not understand the consequences. The
petitioner is in custody since 13.08.2025 having clean
antecedent.
5. Learned A.P.P. for the State and learned counsel for
Patna High Court CR. MISC. No.7538 of 2026(4) dt.18-04-2026
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the Opposite Party No.2 have vehemently opposed the prayer
for bail of the petitioner and have submitted that the victim was
a minor on the date of occurrence.
6. Perused the records and considered the submission
of the parties, the petitioner above-named is directed to be
enlarged on bail on furnishing bail-bond of Rs.10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of learned Court concerned, Bhagalpur in
connection with Kajraili P.S. Case No. 74 of 2025.
7. The application stands allowed.
(Praveen Kumar, J)
shivam/-
U T
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