Patna High Court
Buchanva @ SonuversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAMESH CHAND MALVIYA
Holding
Regular bail was denied to the petitioner.
Summary
The petitioner, Buchanva @ Sonu, was charged under Section 87 of the BNS, 2023 and Sections 4 and 8 of the POCSO Act for allegedly kidnapping the minor granddaughter of an informant. He applied for regular bail, claiming innocence, a delayed FIR, and lack of corroboration in the victim’s statement. The State opposed bail, emphasizing the seriousness of the alleged kidnapping of a minor. The court examined the FIR, case diary, and the order of the Special POCSO Court, finding the allegations specific and grave. Consequently, the court declined to grant regular bail, rejecting the petition.
Issues considered
- Whether regular bail should be granted to the accused in a POCSO kidnapping case involving a minor.
Legislation cited
- Bihar Narcotic Substances Act — s. 180, 183
- Bihar Narcotic Substances Act, 2023 — s. 87
- Protection of Children from Sexual Offences (POCSO) Act, 2012 — s. 4, 8
Subjects
- bail
- POCSO
- kidnapping
- minor
- criminal procedure
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7709 of 2026
Arising Out of PS. Case No.-219 Year-2024 Thana- ISHAKCHAK District- Bhagalpur
======================================================
Buchanva @ Sonu, Male aged about 25 years, Son of Govardhan Mandal @
Gabardhan Mandal, Resident of Mohalla- Ishakchak, Near Mangla Kalisthan,
P.S.- Ishakchak, District- Bhagalpur.
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXXXXXXX resident of Ishakchak, Vyayamshala, P.S.- Ishakchak,
District- Bhagalpur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Purushottam Kumar Das, Advocate
For the Opposite Party/s : Mr. Narendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
ORAL ORDER
4 18-05-2026 Heard learned counsels for the both the parties
through virtual mode.
2. The petitioner seeks bail in connection with
POCSO case no. 216 of 2024 arising out of Ishakchak P.S. Case
No. 219 of 2024 instituted for the offences punishable under
Section 87 of the BNS, 2023 and Sections 4 and 8 of the
POCSO Act.
3. As per allegation in the FIR, petitioner is alleged to
have kidnapped the minor grand daughter of the informant.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence and has
falsely been implicated in this case. He further submits that the
Patna High Court CR. MISC. No.7709 of 2026(4) dt.18-05-2026
2/3
occurrence took place on 25.09.2024 and the FIR has been
lodged on 06.10.2024 after a delay of 12 days of the alleged
occurrence and there is no plausible explanation in this regard.
He next submits that the victim is the student of class 6 and her
date of birth is 04.06.2013 as stated in the impugned order. He
lastly submits that her neighbor Buchanva @ Sonu eloped the
grand daughter of the informant and the petitioner has three
children with his first wife, who has died. He again submits that
his second wife is staying with her parents and the petitioner is
characterless person as mentioned in the FIR. He finally submits
that the victim in her statement recorded under Sections 180 and
183 of the BNSS, has not supported the allegation made in the
FIR. Petitioner has got clean antecedent as stated in para 3 of
the petition is in custody since 07.10.2024.
5. Learned APP for the state opposes the prayer for
the regular bail of the petitioner and submits that the victim was
a minor at the alleged date of occurrence, so he is directly
involved for kidnapping of the minor grand daughter of the
informant.
6. From perusal of the case diary, FIR and also
perused the impugned order dated 07.11.2025 passed by the
learned Exclusive Special Court of POCSO-cum-District and
Patna High Court CR. MISC. No.7709 of 2026(4) dt.18-05-2026
3/3
Additional Sessions Judge- VI, Bhagalpur, it appears that
allegation against this petitioner is specific that petitioner eloped
with the minor grand daughter of the informant and the
allegation is very serious in nature, so I am not inclined to grant
regular bail to the petitioner.
7. Accordingly, the prayer for regular bail of the
petitioner is hereby rejected.
(Ramesh Chand Malviya, J)
Anand Kr
U T
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