Patna High Court
Raju MukhiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The petitioners are entitled to pre‑arrest bail subject to a bail bond and conditions under the CrPC.
Summary
The petitioners, Raju Mukhiya, Malakh Mukhiya and Indu Devi, sought pre‑arrest bail in a case alleging kidnapping of a minor and a child marriage, charged under several sections of the Bihar Negotiable Statutes and Section 8 of the POCSO Act. The victim’s statement under Section 183 of the BNS indicated that she had voluntarily married the petitioners as an adult, contradicting the prosecution’s claim. The State opposed bail, emphasizing the victim’s minority and the seriousness of the offences. The Court, after considering the statements and the petitioners’ clean antecedent, found that the prima facie case did not warrant denial of bail. Accordingly, the Court ordered the petitioners to be released on pre‑arrest bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Sections 438(2) and 482(2) of the CrPC, and directed verification of any other criminal antecedent.
Issues considered
- Whether pre‑arrest bail can be granted in a case involving alleged kidnapping of a minor and child marriage under the specified sections of the BNS and POCSO Act.
- Whether the victim’s voluntary marriage statement under Section 183 BNS negates the prosecution’s case.
- Whether the petitioners satisfy the conditions for bail under Section 438 of the CrPC given the nature of the offences.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482(2)
- Protection of Children from Sexual Offences Act — s. 8
Subjects
- pre‑arrest bail
- kidnapping
- child marriage
- minor
- POCSO Act
- bail bond
- CrPC Section 438
- CrPC Section 482
- victim statement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76862 of 2025
Arising Out of PS. Case No.-193 Year-2025 Thana- BAIRIYA District- West Champaran
======================================================
1. Raju Mukhiya S/O Late Harinarayan Mukhiya R/O Village- Bairiya, P.S-
Bairiya, Distt.- West Champaran.
2. Malakh Mukhiya S/O Late Harinarayan Mukhiya R/O Village- Bairiya, P.S-
Bairiya, Distt.- West Champaran.
3. Indu Devi W/O Late Harinarayan Mukhiya R/O Village- Bairiya, P.S-
Bairiya, Distt.- West Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Lalsha Devi W/O Prabhu Mukhiya R/O Village- Bairiya, P.S- Bairiya,
Distt.- West Champaran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Kumar Gupta
For the Opposite Party/s : Mr.Vinod Shanker Modi
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
5 18-04-2026 Heard learned counsel appearing on behalf of the
petitioners and learned APP for the State.
2. The petitioners seek pre-arrest bail in connection
with Bairiya P.S. Case No. 193 of 2025 registered for the
offence punishable under Sections 137(2), 96, 126(2), 115(2),
352 of the BNS and Section 8 of the POCSO Act.
3. Allegation is of kidnapping the minor daughter of
the informant on the pretext of marriage.
4. Learned counsel appearing on behalf of the
petitioners submitted that the petitioners are innocent and they
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have falsely been implicated in the case. The victim in her
statement recorded under Section 183 BNSS has not supported
the prosecution story. The petitioners have clean antecedent.
5. Learned APP for the State has vehemently opposed
the prayer for grant of pre-arrest bail to the petitioners and
submitted the victim is a minor and marriage with minor is an
offence. The petitioners don’t deserve to be released on pre-
arrest bail.
6. Having heard the rival submissions made on behalf
of the parties, as well as, having perused the allegation made in
the F.I.R., the victim in her statement recorded under Section
183 BNSS has not supported the prosecution case rather she has
admitted that she on her free will being adult has solemnized
marriage with one Surajbhan Mukhiya, the petitioners, prima
facie, have made out a case to be released on bail.
7. The petitioners, above named, are directed to be
released on pre-arrest bail, in the event of their arrest or
surrender before the Court below within a period of four weeks
from today, on furnishing bail bond of Rs. 10,000/- (Ten
thousand) each with two sureties of the like amount each to the
satisfaction of the learned District Court where the case is
pending in connection with Bairiya P.S. Case No. 193 of 2025,
Patna High Court CR. MISC. No.76862 of 2025(5) dt.18-04-2026
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subject to the condition as laid down under Section 438(2)
Cr.P.C / 482(2) BNSS.
8. The District Court is directed to verify the criminal
antecedent of the petitioners and if it is found that the petitioners
are involved in some other cases as what has been stated in
Para-3 of the bail petition, this order will automatically lose its
force.
9. The bail application stands disposed of.
(Purnendu Singh, J)
mantreshwar/-
U T
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