Patna High Court
Bittu Kumar JhaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The petitioner is entitled to bail despite the POCSO and kidnapping allegations.
Summary
Bittu Kumar Jha was arrested on charges of kidnapping a 17-year‑9‑month‑old girl for marriage, alleged under Sections 96 and 3(5) of the B.N.S. and Section 7 of the POCSO Act. The prosecution’s case is based on the FIR, while the victim’s statement under Section 183 of the B.N.S.S. claims she left home voluntarily and has been living in a love marriage with the petitioner. The petitioner, aged 23 and with no prior criminal record, sought bail. The State opposed bail, citing the seriousness of the POCSO charge. The court examined the victim’s declaration, the minor’s near‑majority age, and the absence of antecedent offences, and concluded that bail was appropriate. Accordingly, the court ordered the petitioner’s release on a bail bond of Rs 10,000 with two sureties.
Issues considered
- Whether bail can be granted to an accused under POCSO and kidnapping charges when the alleged victim is a minor but claims a consensual relationship.
- Whether the victim’s statement under Section 183 of the B.N.S.S. negates the prosecution’s allegations for the purpose of bail.
- Whether the petitioner’s lack of prior criminal record and the victim’s age near majority justify bail.
Legislation cited
Subjects
- bail
- POCSO
- kidnapping
- minor
- love marriage
- Section 183
- Criminal Procedure Code
- age of consent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77483 of 2025
Arising Out of PS. Case No.-81 Year-2025 Thana- KISHANPUR District- Supaul
======================================================
Bittu Kumar Jha S/O Bechan Jha R/O Village- Hisar Barhi, Ward No. 12,
P.S.- Harlakhi, District- Madhubani
... ... Petitioner/s
Versus
1. The State of Bihar Patna
2. Lalita Devi W/O Sitaram Jha R/O Vill.- Bahuarwa, Ward No. 11, P.S.-
Kisunpur, Dist.- Supaul
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Murari Narain Chaudhary, Advocate
For the Opposite Party/s : Mr. Mukesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
5 23-02-2026 Heard learned counsel for the petitioner and learned
APP for the State. Despite valid service of notice, none appears
on behalf of the opposite party no.2.
2. The petitioner seeks bail in a case registered for
the offence punishable under Sections 96, 3(5) of the B.N.S. and
Section 7 of the POCSO Act.
3. As per the prosecution case, the informant
alleged that the petitioner along with other co-accused persons
kidnapped her daughter for the purpose of marriage.
4. Learned counsel for the petitioner submits that
the present case arises out of a complaint, which was
subsequently sent for institution of F.I.R. under Section 156(3)
Patna High Court CR. MISC. No.77483 of 2025(5) dt.23-02-2026
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of the Cr.P.C.. It has been submitted that there is general and
omnibus allegation on petitioner and other accused persons that
they have kidnapped the victim girl for the purposes of
marriage. It has been further submitted that the present case
arises out of love relationship and the victim had left the house
on her own volition and her statement under Section 183 of the
B.N.S.S. indicates that she has not supported the case of the
prosecution and has rather stated that she had performed love
marriage with the petitioner at Delhi and they have been
staying together as husband and wife at Pune. Her age has been
assessed to be 17 years and 9 months, which is almost at the
verge of majority and the petitioner is also a young boy aged
about 23 years and is in custody since 09.09.2025 with no
criminal antecedent.
5. Learned APP for the State opposed the grant of
bail on the basis of allegations made in the First Information
Report.
6. Taking into consideration the facts and
circumstances and considering the statement of the victim
under Section 183 of the B.N.S.S. and also considering her age,
let the above named petitioner, be released on bail on
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
Patna High Court CR. MISC. No.77483 of 2025(5) dt.23-02-2026
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with two sureties of the like amount each to the satisfaction of
the learned District and Additional Session Judge-cum-Special
Judge, POCSO Act, Supaul/concerned Court below in
connection with POCSO Case No.63 of 2025, arising out of
Kishanpur P.S. Case No. 81 of 2025.
(Soni Shrivastava, J)
anand/-
U T
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