Patna High Court
Pankaj Kumar @ Prince @ Pankaj Kumar PanditversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
Petitioner Pankaj Kumar was arrested on 15 July 2025 in connection with a kidnapping case (Routa P.S. Case No. 205 of 2025) under Sections 137(2), 87, 3(5) of the B.N.S. and Section 4 of the POCSO Act. The prosecution alleged that he lured and kidnapped the informant's daughter. The petitioner claimed a clean antecedent and argued that the victim’s statement under Section 183 of the B.N.S. did not support the prosecution, and the victim refused a medical examination. The Additional Public Prosecutor opposed bail, but the court noted the lack of victim cooperation, the petitioner’s clean record, and the absence of supporting evidence. Consequently, the court granted bail on a Rs. 10,000 bond with two sureties and imposed conditions regarding trial cooperation, evidence tampering, and verification of criminal antecedent.
Issues considered
- Whether bail should be granted to the accused in a kidnapping case under the B.N.S. and POCSO Act despite the seriousness of the offence.
- Whether the victim’s non‑cooperation and statement under Section 183 of the B.N.S. affect the bail decision.
- Whether the petitioner’s clean antecedent warrants bail.
Legislation cited
Subjects
- bail
- kidnapping
- POCSO Act
- victim statement
- clean antecedent
- criminal antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77321 of 2025
Arising Out of PS. Case No.-205 Year-2025 Thana- RAUTA District- Purnia
======================================================
Pankaj Kumar @ Prince @ Pankaj Kumar Pandit S/O Prasad Pandit @ Shree
Prasad Pandit Resident of Village - Siswa, P.S - Joki,Dist.- Arariya.
... ... Petitioner/s
Versus
1. The State of Bihar
2. X S/O Y R/O Vill.- Baisa, Ward no.- 9, P.S- Routa, Dist- Purnea
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajit Ranjan Kumar, Advocate
For the Opposite Party/s : Mr. Rajendra Nath Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 21-01-2026 Heard Mr. Ajit Ranjan Kumar, learned counsel for the
petitioner and Mr. Rajendra Nath Jha, learned Additional Public
Prosecutor for the State.
2. Despite valid service of notice upon O.P. No. 2, no
one appears on behalf of the opposite party no. 2.
3. The petitioner seeks bail, who is in custody since
15.07.2025 in connection with Routa P.S. Case No. 205 of 2025,
F.I.R. dated 03.07.2025 for the offences punishable under
Sections 137(2), 87, 3(5) of the B.N.S. and Section 4 of the
POCSO Act.
4. According to prosecution case, allegation against
this petitioner is to kidnap the daughter of the informant after
luring her.
5. Learned counsel for the petitioner submits that
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petitioner has clean antecedent and the allegation as alleged in
the F.I.R. is false and fabricated and the petitioner has not
committed any offence as alleged in the F.I.R. The victim was
recovered and her statement was recorded u/s 183 of BNSS in
which she has not supported the case of the prosecution and she
has also refused for her medical examination. He further
submits that the police after investigation, submitted
chargesheet against the petitioner and the petitioner is in custody
since 15.07.2025.
6. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioner.
7. Considering the aforesaid facts and circumstances
and also the fact that petitioner has clean antecedent, victim in
her statement u/s 183 BNSS has not supported the case of
prosecution and she has also refused for medical examination,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Additional
Sessions Judge-VII-cum-Special Judge (POCSO), Purnea in
connection with Routa P.S. Case No. 205 of 2025, with the
following conditions:
i. Petitioner shall co-operate in the trial and shall be
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properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ranjeet/-
U T
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