Patna High Court
Sanjay RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail was granted to the petitioner on the condition of furnishing a bond of Rs.10,000 with two sureties.
Summary
The petitioner, Sanjay Rai, was charged under IPC sections 363, 366A, 34 and POCSO Act section 8 for allegedly kidnapping the minor daughter of an informant by promising marriage. The victim, now about 20 years old, testified that she voluntarily eloped with Ranjit Kumar Rai, married him, and is living a peaceful life with two children, thereby negating any kidnapping. The petitioner’s counsel argued that the allegations were false and that the victim’s statement, recorded under CrPC sections 161 and 164, exonerated him. The State opposed bail, but the court, after considering the victim’s statement and the lack of evidence against the petitioner, ordered that bail be granted on a bond of Rs.10,000 with two sureties. The bail order was directed to be recorded in the trial court where the case is pending.
Issues considered
- Whether the petitioner is entitled to bail despite the serious charges of kidnapping and offences under the POCSO Act.
- Whether the victim’s voluntary elopement and marriage negate the alleged kidnapping and affect the bail decision.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 161, 164
- Indian Penal Code — s. 34, 363, 366
- Protection of Children from Sexual Offences Act — s. 8
Subjects
- bail
- kidnapping
- POCSO
- victim testimony
- IPC
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75597 of 2025
Arising Out of PS. Case No.-102 Year-2022 Thana- KALYANPUR District- East Champaran
======================================================
Sanjay Rai Son of Ramyash Rai R/o Village - Shambhuchak, P.S. -
Kalyanpur, District - East Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Chhathi Devi Wife of Surendra Rai R/o Manira, P.S. - Kalyanpur, District
-East Champaran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Patanjali Rishi, Advocate
For the Opposite Party/s : Mr. Brajendra Nath Pandey, A.P.P.
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 23-02-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. However, despite the direction to have inform the
infomant/O.P. No. 2 through the concerned Superintendent of
Police/S.H.O, no one appears on behalf of the Opposite Party no. 2
3. The petitioner seeks bail in a case registered for the
offence punishable under Sections 363, 366A and 34 of the I.P.C and
Section 8 of POCSO Act.
4. As per the prosecution case, petitioner along with the
co-accused persons are alleged to have kidnapped the minor daughter
of the informant by enticing her on pretext of marriage.
5. Learned counsel for the petitioner submits that
allegation made against the petitioner of having kidnapped the
Patna High Court CR. MISC. No.75597 of 2025(4) dt.23-02-2026
2/2
daughter of the informant by enticing her on the pretext of marriage
is absolutely false. As a matter of fact, the victim had eloped with one
Ranjit Rai out of her own will and even married him. The statement
of the victim girl after her recovery has been recorded both under
Sections 161 and 164 of Cr.P.C which indicates that victim aged
about 20 years had gone with one Ranjit Kumar Rai with her own
will and has even married him and is leading a peaceful conjugal life
with him with two children out of the wedlock and the present case
has been filed against the innocent persons.
6. Learned APP for the State opposed the bail petition.
7. Taking into consideration the facts and circumstances of
the case and also considering the statement of the victim herself
negating the factum of kidnapping and that too the thrust of
allegation, if any, being on co-accused Ranjit Kumar Rai, the above
named petitioner 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 the learned Court below where
the case is pending/successor Court in connection with Kalyanpur
P.S. Case No. 102 of 2022.
(Soni Shrivastava, J)
vashudha/-
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