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Patna High Court

Dhanu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
Patna High Court CR. MISC. No.78140 of 2025(3) dt.17-02-2026
                                            3/4




          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.
            Patna High Court CR. MISC. No.78140 of 2025(3) dt.17-02-2026
                                                        4/4




                      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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