Patna High Court
Vivek KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner subject to conditions.
Summary
The petitioner, Vivek Kumar, was arrested in connection with a case alleging kidnapping of a minor under Sections 363 and 366A of the Indian Penal Code and Sections 3 and 4 of the POCSO Act. The prosecution alleged that the accused abducted the informant's minor daughter on 6 April 2024. The petitioner contended that he was falsely implicated, that the alleged kidnapping was a consensual elopement with the victim, and that the victim’s statements under Sections 161 and 164 of the Cr.P.C. did not incriminate him. The State opposed bail, citing the seriousness of the offences. Considering the victim’s statement, the petitioner’s lack of prior criminal record, and the period already spent in custody, the Court granted bail subject to monetary surety and compliance conditions.
Issues considered
- Whether bail should be granted to the accused in a kidnapping and child sexual offence case under IPC and POCSO Act.
- Whether the victim’s statement under Section 164 Cr.P.C. negates the necessity of continued detention.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 161, 164
- Indian Penal Code — s. 363, 366A
- Protection of Children from Sexual Offences Act, 2012 — s. 3, 4
Subjects
- bail
- kidnapping
- child abduction
- IPC
- POCSO
- Criminal Procedure Code
- false implication
- consensual elopement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77702 of 2025
Arising Out of PS. Case No.-134 Year-2024 Thana- HALSI District- Lakhisarai
======================================================
Vivek Kumar S/o Kumr Singh @ Kumar Singh R/o Village - Sirkhindi, P.S -
Halsi, District - Lakhisarai
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXX S/o YYY Resident of Village - Sirhindi, Post - Bahda, P.S - Halsi,
District - Lakhisarai
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rabi Bhushan, Advocate
For the Opposite Party/s : Mr.Shyam Kumar Singh, A.P.P.
Mr. Mukul Jee, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 03-02-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned APP for the State.
2. The petitioner seeks bail in connection with Halsi
P.S. Case No. 134 of 2024, instituted for the offences under
Sections 363 and 366A of the Indian Penal Code and Section
3/4 of the POCSO Act.
3. Prosecution case, in short, is that on 06.04.2024, the
accused persons named in the F.I.R., including the petitioner has
kidnapped the minor daughter of the informant.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. He
further submitted that there is delay of more than one month in
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lodging the F.I.R. Learned counsel further submitted that, as a
matter of fact, there was love affair between the petitioner and
the victim and the petitioner and the victim girl eloped with the
petitioner according to her sweet will. In the statements
recorded under Sections 161 & 164 of Cr.P.C. victim has not
disclosed anything against the petitioner. It has been submitted
on behalf of the petitioner that the petitioner is in custody since
01.03.2025 and has no criminal antecedent.
5. Learned A.P.P. for the State and learned counsel for
the informant vehemently opposed the prayer for grant of bail to
the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, taking into consideration the statement of victim
recorded under Section 164 of Cr.P.C., as also the period of
custody undergone by the petitioner, this Court is inclined to
grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Halsi P.S. Case No.
134 of 2024, subject to the following conditions:
(I) One of the bailors shall be own/close member of
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the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the prosecution will have liberty to move for
cancellation of bail.
(Rudra Prakash Mishra, J)
manish/-
U T
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