Patna High Court
Suraj Sharma @ Suraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court granted bail to the petitioner on the condition of a Rs.10,000 bond and two sureties.
Summary
Suraj Sharma was arrested on charges of kidnapping the minor daughter of an informant, alleged under Sections 137(2), 96, 3(5) of the B.N.S. and Sections 8 and 12 of the POCSO Act. The petitioner argued that the FIR was lodged ten days after the alleged incident and that the victim had voluntarily left her home to marry him, as recorded in a statement under Section 183 of the B.N.S.S., with no evidence of a physical relationship and the victim refusing medical examination. The petitioner had been in custody since 29‑08‑2025 and had no prior criminal record. The State opposed bail. Considering the victim's statement, the delay in filing the FIR, and the petitioner's clean antecedent, the court ordered that bail be granted on a bond of Rs.10,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused in a case involving alleged kidnapping and offences under the POCSO Act, given the delay in filing the FIR and the victim's statement.
Legislation cited
Subjects
- bail
- kidnapping
- POCSO Act
- delay in FIR
- victim consent
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78441 of 2025
Arising Out of PS. Case No.-115 Year-2025 Thana- Balwahat District- Saharsa
======================================================
Suraj Sharma @ Suraj Kumar S/o Jagdhar Sharma @ Debdhar Sharma R/o
Village - Mohaniya, Police Station - Balwahat, District - Saharsa
... ... Petitioner/s
Versus
1. The State of Bihar
2. Kala Devi W/o Rajesh Pandit R/o Village - Mohaniya, Police Station -
Balwahat, District - Saharsa
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Satish Kumar Singh
For the Opposite Party/s : Mr.Anil Kumar
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 24-02-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State. Despite valid service
of notice, no one appears on behalf of the opposite party no. 2.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 137(2), 96, 3(5) of the B.N.S.
and Sections 8, 12 of the POCSO Act.
3. Petitioner is said to have kidnapped the minor
daughter of the informant.
4. Learned counsel for the petitioner has submitted
that there is an inordinate delay of almost 10 days in lodging
the FIR. As a matter of fact, the victim had voluntarily left her
home to marry the petitioner as she was in love relationship
with him which would be disclosed from the statement of the
Patna High Court CR. MISC. No.78441 of 2025(4) dt.24-02-2026
2/2
victim recorded Section 183 of the B.N.S.S. wherein she has
admitted that she has even got married to the petitioner.
However, no physical relationship has been established between
them. Victim even refused her medical examination. Further, the
petitioner is in custody since 29.08.2025 with no criminal
antecedent.
5. Learned APP for the State has opposed the
application for bail.
6. Taking into consideration the facts and
circumstances and also considering the statement of the victim
under Section 183 of the B.N.S.S., coupled with the fact that the
petitioner has no criminal antecedent, let the above named
petitioner, be enlarged on bail on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned court below where
the case is pending/successor court in connection with Balwahat
P.S. Case No. 115 of 2025.
(Soni Shrivastava, J)
devendra/-
U T
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