Patna High Court
Dhanu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail was granted to the petitioner subject to a cash bond, sureties, and conditions of personal appearance and non‑interference with the victim.
Summary
Dhanu Kumar was arrested for allegedly kidnapping a 13‑year‑old girl, a case registered under the POCSO Act and several sections of the Bihar Negotiable Sale (B.N.S.) Act. The petitioner sought bail, arguing that the relationship was consensual and that the victim’s statement indicated a love relationship without any sexual assault. The opposing party contended that a minor’s consent is legally invalid and bail should be denied. The court noted the petitioner’s lack of criminal antecedent, his status as a student, and his willingness to cooperate with the trial, while also recognizing the seriousness of the alleged kidnapping of a minor. Consequently, the court ordered the petitioner’s release on bail with a bond of Rs.10,000, two sureties, and strict conditions including personal appearance in court and prohibition against tampering with evidence or influencing the victim.
Issues considered
- Whether bail should be granted to the accused in a POCSO‑related kidnapping case involving a minor who allegedly consented to the relationship.
- Whether the alleged love relationship and absence of sexual assault affect the bail decision under the POCSO Act.
Legislation cited
Subjects
- bail
- POCSO
- kidnapping
- minor
- consent
- love relationship
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78140 of 2025
Arising Out of PS. Case No.-800 Year-2025 Thana- SIKARPUR District- West Champaran
======================================================
Dhanu Kumar S/O Amar Chaudhary R/O Village- Sasraw, Ward No. 12,
Bhairoganj, P.S- Bagaha, Distt.- West Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Raghu Sah S/O Chokat Sah R/O Village- Purani Bazar, Ward No. 2, Nagar
Parishad, P.S- Shikarpur, Dist.- West Champaran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arbind Kumar Singh, Advocate
For the State : Mr. Narendra Kumar Singh, APP
For the O.P. No.2 : Mr. Manaur Alam, Advocate
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 17-02-2026 Heard learned counsel for the petitioner, learned
APP for the State and learned counsel for the opposite party
no.2.
2. The counter affidavit has been filed on behalf of
the opposite party no.2, which is kept on record.
3. Since the matter relates to POCSO Act and the
victim is said to be a minor, the Annexure-2 discloses the name
and parentage of the victim girl, which should not have been a
part of the petition and is required to be masked and shall not
be disclosed in the records placed in public domain.
4. Learned counsel for the petitioner expresses his
regret for having filed the said document. In such view of the
matter, the registry is directed to mask the name and other
Patna High Court CR. MISC. No.78140 of 2025(3) dt.17-02-2026
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particulars of the victim in the Annexure-2 and depict her as
Ms.X as also mention her name, parentage and other details on
a sheet of paper, seal it in an envelop and keep the same on
record of this petition.
5. The petitioner seeks bail in a case registered for
the offence punishable under Sections 137(2), 352, 351(2), 3(5)
of the B.N.S.
6. As per the prosecution case, on 05.08.2025, the
informant alleged that the petitioner has kidnapped his
daughter.
7. Learned counsel for the petitioner submits that
the petitioner is a young boy and the case rests on a love
relationship between the petitioner and the victim. After
recovery, the statement of the victim was recorded before the
police on 16.08.2025 in the presence of her mother wherein she
has accepted that she was in love with the petitioner for the
past five months and she had left along with the petitioner with
her own will and she was even staying with him at Ambala and
only after knowing about the present F.I.R., she along with the
petitioner came back to home. The statement of the victim girl
under Section 183 of the B.N.S.S. differs a little from the
statement in Section 180 of the B.N.S.S. inasmuch as, there has
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been some addition with respect to forceful taking her away on
a train to Ambala, however, in this she has not alleged any
sexual assault or exploitation rather she accepted that she was
on talking terms with the petitioner. It has been further
submitted that the entire family members of the petitioner have
been made accused in this case. The petitioner is in custody
since 17.08.2025 and he is a student with no criminal
antecedent.
8. Learned counsel for the opposite party no.2
submits that the victim, as per her school certificate, is aged
about 13 years and minor’s consent is no consent in the eyes of
law, as such, the petitioner does not deserve privilege of regular
bail.
9. Taking into consideration the facts and
circumstances and considering the factum of love relationship
alleged in the statement of the victim in Section 180 of the
B.N.S.S. and also to some extent under Section 183 of the
B.N.S.S, coupled with the fact that the petitioner has remained
in custody since 17.08.2025 with no criminal antecedent and
he, being a student, is also undertaking to co-operate with the
trial by appearing on each and every date, let the above named
petitioner, be released on bail on furnishing bail bond of Rs.
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10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Additional
Sessions Judge-VII-cum-Special Judge, POCSO, West
Champaran at Bettiah/concerned Court below in connection
with Shikarpur P.S. Case No. 800 of 2025 subject to condition
that:-
(i) One of the bailors will be his own blood
relative.
(ii) The petitioner shall remain physically
present in court on each and every date during the
proceedings of this case and also co-operate in getting the
charges framed, failing which his bail bonds shall be liable to
be cancelled by the learned court concerned.
(iii) It is directed that in case the petitoner is
found to tampering with the evidence or influence the victim
or her family in any manner, the informant shall be at liberty
to file an application for cancellation of bail.
(Soni Shrivastava, J)
anand/-
U T
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