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Patna High Court

Sanjay RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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/-

U      T


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