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Patna High Court

Suraj Sharma @ Suraj KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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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