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Patna High Court

Govindra Kumar @ Govinda KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to a cash bond, sureties, and compliance with conditions under Section 480(3) of the BNSS.

Summary

The petitioner, Govindra Kumar, was arrested in a Special POCSO case for alleged offences under Section 366(A) of the IPC and Section 8 of the POCSO Act, stemming from a complaint that a minor girl, the informant's daughter, had eloped and married him. The petitioner contended that the marriage was consensual, the girl was 17 years old, and there was no wrongful act, citing her statement recorded under Section 164 of the CrPC. The State and the informant opposed bail, emphasizing the girl's minority at the time of the alleged act. The court examined the voluntary nature of the girl's conduct, the petitioner's clean antecedent, and the charge‑sheet status. Considering these factors, the court granted bail on a Rs.10,000 bond with two sureties and imposed conditions under Section 480(3) of the BNSS.

Issues considered

  • Whether bail should be granted to the accused in a POCSO case involving alleged consensual marriage with a minor.
  • Whether the voluntary nature of the minor's act and the accused's clean antecedent justify bail despite charges under Section 366(A) IPC and Section 8 POCSO.

Legislation cited

Subjects

  • bail
  • POCSO
  • minor
  • consent
  • Section 366A
  • Criminal Procedure Code
  • family law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.75890 of 2025
                    Arising Out of PS. Case No.-140 Year-2023 Thana- DULHIN BAZAR District- Patna
                 ======================================================
                 Govindra Kumar @ Govinda Kumar Son of Rajdev Chaudhari @ Raodev
                 Chaudhari R/o Village - Fatehpur, P.S. - Dulhin Bazar, District - Patna.
                                                                              ... ... Petitioner/s
                                                    Versus
           1.     The State of Bihar
           2.     Mr. X Son of Late Munni Sao R/o Village - Badki Kharma, P.O. - Lala
                  Badsara, P.S. - Dulhin Bazar, Dist. - Patna.
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr. Ashok Kumar Sinha, Advocate
                 For the State           :       Mr. Brajendra Nath Pandey, APP
                 For the O.P. No. 2      :       Mr. Virendra Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

3   21-01-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 02. In the present case, the petitioner seeks bail in

                   connection with Special (POCSO) Case No. 234 of 2025 arising

                   out of Dulhin Bazar P.S. Case No. 140 of 2023 registered for the

                   alleged offences under Section 366(A) of the Indian Penal Code

                   and later on added Section 8 of the POCSO Act.

                                 03. As per prosecution case, the minor daughter of the

                   informant went missing and the informant came to know about

                   the petitioner who was having friendly relationship with her

                   daughter and he showed his suspicion that his daughter eloped

                   with the petitioner.

                                 04. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.75890 of 2025(3) dt.21-01-2026
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          petitioner is innocent and has been falsely implicated in this case.

          Learned counsel further submits that the statement of the victim

          girl was recorded under Section 164 of Cr.P.C. wherein she stated

          that she has been knowing the petitioner for last 3-4 years and

          they liked each other. On 19.04.2023, she eloped with the

          petitioner and solemnized marriage with him. They stayed in

          Delhi for one year and after returning, she has been staying in her

          matrimonial home. Learned counsel further submits that the

          statement shows there was no wrongful act on part of the

          petitioner. The victim herself left her house on her own and went

          with the petitioner to solemnize marriage. The petitioner is in

          custody since 29.07.2025 and charge-sheet has been submitted.

          The petitioner is having clean antecedent.

                       05. Learned APP for the State as well as learned

          counsel for the informant oppose the submission made on behalf

          of the petitioner. Learned counsel for the informant submits that

          if the daughter of the informant has solemnized marriage with the

          petitioner, the informant has nothing to say in the matter.

          However, learned counsel submits that the daughter of the

          informant was minor at the time of occurrence.

                       06. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the

          voluntary nature of act of the victim girl who is aged about 17
           Patna High Court CR. MISC. No.75890 of 2025(3) dt.21-01-2026
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                     years and further considering the period of custody of the

                     petitioner and his clean antecedent along with submission of

                     charge-sheet, the petitioner above named is directed to be

                     released on bail on furnishing bail bonds of Rs. 10,000/- (ten

                     thousand) with two sureties of the like amount each to the

                     satisfaction of learned Additional Sessions Judge-VII-cum-

                     Exclusive Special Judge, POCSO Act, Patna/court concerned in

                     connection with Special (POCSO) Case No. 234 of 2025 arising

                     out of Dulhin Bazar P.S. Case No. 140 of 2023 , subject to the

                     conditions mentioned in Section 480(3) of BNSS and the

                     following conditions:

                                  (i) One of the bailors will be a close relative of the

                                  petitioner.

                                  (ii) The petitioner will remain present on each and

                                  every date fixed by the court below.

                                  (iii) In case of absence on three consecutive dates

                                  or in violation of the terms of the bail, the bail

                                  bond of the petitioner will be liable to be cancelled

                                  by the court concerned.



                                                       (Arun Kumar Jha, J)
Ashish/-

U      T
Patna High Court CR. MISC. No.75890 of 2025(3) dt.21-01-2026
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