Patna High Court
Monu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court granted bail to the petitioner on the condition of a Rs.10,000 bond and two sureties.
Summary
Monu Kumar was arrested for allegedly kidnapping the minor daughter of an informant, facing charges under Sections 137(2), 87, 3(5) of the B.N.S. and Sections 4 and 6 of the POCSO Act. The petitioner argued that the FIR was lodged after an inordinate delay of about 20 days and that the victim’s statement under Section 183 of the B.N.S.S. indicated a consensual love relationship with no marriage or physical intimacy, and she refused medical examination. The petitioner had been in custody since 12‑04‑2025, had no prior criminal record, and a charge‑sheet had already been filed. The State opposed bail. Considering the victim’s statement, the delay, the petitioner’s clean record, and the absence of a medical report, the court ordered bail on a bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail should be granted to the accused in a kidnapping case involving a minor under the POCSO Act and other statutes, given the delay in filing the FIR and the victim’s statement.
Legislation cited
Subjects
- bail
- kidnapping
- minor
- POCSO Act
- delay in FIR
- victim statement
- no criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77032 of 2025
Arising Out of PS. Case No.-277 Year-2025 Thana- MAHUA District- Vaishali
======================================================
Monu Kumar S/o Sankir Sahani @ Sankil Sahani R/o village - Rasulpur
Daud, P.S - Goraul, Kathara O.P, District - Vaishali
... ... Petitioner/s
Versus
1. The State of Bihar
2. Naresh Paswan S/o Sajjan Paswan R/o village - Khanpatti (Pachiskurba), P.S
- Mahua, District - Vaishali
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ravi Bhardwaj
For the Opposite Party/s : Mr.Raj Ballabh Singh
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
5 24-02-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State. Despite valid service
of notice, no one appears on behalf of the opposite party no. 2.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 137(2), 87, 3(5) of the B.N.S.
and Sections 4/6 of the POCSO Act.
3. Petitioner is said to have kidnapped the minor
daughter of the informant.
4. Learned counsel for the petitioner has submitted
that there is an inordinate delay of all most 20 days in lodging
the FIR. As a matter of fact, there appears to be some
relationship between the victim and the petitioner and the action
of the victim was completely voluntary in nature as would
Patna High Court CR. MISC. No.77032 of 2025(5) dt.24-02-2026
2/2
appear from the statement of the victim recorded Section 183 of
the B.N.S.S. wherein she has admitted that she was in a love
relationship with the petitioner. However, they did not get
married nor the petitioner established any physical relationship
with her. The victim has refused the medical examination.
Further, the petitioner is in custody since 12.04.2025 with no
criminal antecedent and charge-sheet has been submitted.
5. Learned APP for the State has opposed the
application for bail.
6. Taking into consideration the facts and
circumstances and also considering the statement of the victim
under Section 183 of the B.N.S.S., coupled with the fact that the
petitioner has no criminal antecedent, let the above named
petitioner, 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 Mahua
P.S. Case No. 277 of 2025.
(Soni Shrivastava, J)
devendra/-
U T
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