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Patna High Court

Buchanva @ SonuversusThe State of Bihar

Decided
Disposal
REJECTED

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

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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