Patna High Court

Raja @ Raja Mehta @ Raja KumarversusThe State of Bihar

Decided: 18 April 2026
Disposal: REJECTED
Bench: RAJESH KUMAR VERMA

Holding

Bail was denied to the petitioner.

Summary

The petitioner, Raja Mehta, was arrested on 12 July 2025 in connection with a POCSO case alleging kidnapping of a minor girl for marriage. He applied for bail, claiming a clean record and that the allegations were false, asserting the victim consented to their relationship and they fled together. The prosecution, represented by the Additional Public Prosecutor and the informant's counsel, opposed bail, relying on the victim's statement under Section 183 of the Bihar Narcotic Substances Act and a medical report indicating an old hymen rupture, confirming the victim's minority (born 16 July 2011). The court examined the seriousness of the offences under Sections 87, 96, 137(2) read with 3(5) of the B.N.S. and Section 8 of the POCSO Act. Considering the evidence and the nature of the charges, the judge refused the bail application.

Issues considered

Whether bail should be granted to the accused in a POCSO case involving alleged kidnapping of a minor for marriage.

Legislation cited

Bihar Narcotic Substances Act — s. 137(2), 3(5), 87, 96
Protection of Children from Sexual Offences (POCSO) Act — s. 8

Subjects

bail
POCSO
kidnapping
minor
marriage
sexual offences
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.76704 of 2025
                       Arising Out of PS. Case No.-251 Year-2025 Thana- RANIGANJ District- Araria
                 ======================================================
                 Raja @ Raja Mehta @ Raja Kumar son of Late Binod Mehta Village -Shiv
                 Nagar Ward No 09 Ps- Raniganj District- Araria

                                                                                   ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Mithilesh Sah son of Late Pramod Sah Village - Kalabalua, Ward no. 10, Ps-
                 Raniganj, Dist- Araria

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Kundan Kumar Singh, Advocate
                 For the Opposite Party/s :        Mrs. Gulnar Begum, APP
                 For the Informant        :        Mr. Gopal Kumar Jha, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

6   18-04-2026                   Heard Mr. Kundan Kumar Singh, learned counsel for

                   the petitioner, Mr. Gopal Kumar Jha, learned counsel for the

                   informant and Mrs. Gulnar Begum, learned Additional Public

                   Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   12.07.2025 in connection with Special (POCSO) Case No.

                   69/2025 arising out of Raniganj P.S. Case No. 251/2025, F.I.R.

                   dated 11.07.2025 for the offences punishable under Sections 87,

                   96, 137(2) read with Section 3(5) of the B.N.S. and Section 8 of

                   the POCSO Act.

                               3. According to prosecution case, the petitioner and

                   the co-accused persons are alleged to have kidnapped the minor
Patna High Court CR. MISC. No.76704 of 2025(6) dt.18-04-2026
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          daughter of the informant for the purpose of marriage.

                      4. Learned counsel for the petitioner submits that

          petitioner has clean antecedent and he has falsely been

          implicated in the present case. It appears from the F.I.R. that the

          allegation against the petitioner is false and fabricated and the

          petitioner has not committed any offence as alleged in the FIR.

          Learned counsel has submitted that the petitioner was in love

          with the victim and with the consent of the victim, the petitioner

          and the victim fled away from the house of the victim.

                      5. The learned Additional Public Prosecutor for the

          State and learned counsel for the informant have vehemently

          opposed the prayer for bail of the petitioner and submitted that

          the victim in her statement recorded under Section 183 of the

          B.N.S.S. has supported the prosecution story. On perusal of the

          Medical Report, it transpires that the hymen of the victim

          founds to be ruptured (old) and on the point of the age

          determination of the victim, date of birth as mention in the Birth

          Certificate issued by Department of Planning and Development,

          Government of Bihar is 16.07.2011 from which it transpires that

          the victim is a minor at the time of alleged occurrence.

                       6. Considering the aforesaid facts and circumstances

          of the case and the statement of the victim recorded under
             Patna High Court CR. MISC. No.76704 of 2025(6) dt.18-04-2026
                                                         3/3




                       Section 183 of the B.N.S.S., I am not inclined to enlarge the

                       petitioner on bail in connection with Special (POCSO) Case No.

                       69/2025 arising out of Raniganj P.S. Case No. 251/2025 pending

                       in the court of learned D.A.J. VI-cum-Special Judge (POCSO),

                       Araria.

                                    7. Prayer is refused.



                                              (Rajesh Kumar Verma, J)
atul/-

U        T

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