Patna High Court
JAI KARAN KUMARversusTHE STATE OF BIHAR
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court held that the victim’s denial of the allegations warranted the grant of bail to the petitioner.
Summary
The petitioner, Jai Karan Kumar, was arrested in connection with a kidnapping and sexual assault case involving the minor daughter of an informant, under Sections 137(2) and 96 of the Bhartiya Nyaya Sanhita, 2023 and Section 8 of the POCSO Act. The victim, however, recorded a statement under Section 183 of the Bhartiya Nagrik Suraksha Sanhita, 2023, denying any kidnapping or assault and stating that she had voluntarily married the petitioner and was living in Haryana. The prosecution could not refute this statement. Considering the victim’s denial and the clean antecedent of the petitioner, the Court examined the bail provisions under Section 438(2) of the CrPC and Section 482(2) of the BNSS. The Court directed that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the conditions laid down by the lower court. The order effectively granted bail to the petitioner pending further trial.
Issues considered
- What is the effect of the victim’s statement denying kidnapping and sexual assault on the grant of bail?
- Whether the allegations under Sections 137(2), 96 of the B.N.S. and Section 8 of the POCSO Act justify denial of bail?
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 183, 482(2)
- Bhartiya Nyaya Sanhita, 2023 — s. 137(2), 96
- Code of Criminal Procedure — s. 438(2)
- Protection of Children from Sexual Offences Act — s. 8
Subjects
- bail
- kidnapping
- child sexual offence
- victim statement
- B.N.S.
- POCSO
- Section 183
- Section 438
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79066 of 2025
Arising Out of PS. Case No.-6 Year-2025 Thana- PHENHARA District- East Champaran
======================================================
Jai Karan Kumar, S/o Sona Lal Ram @ Sonelal Ram, Resident of Village-
Madhurapur, P.S.- Phenhara, Dist.- East Champaran.
... ... Petitioner
Versus
1. The State of Bihar
2. X, W/o Y, Resident of Village-Madhurapur, P.S.- Phenhara, Dist.- East
Champaran.
... ... Opposite Parties
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Mr. Uma Shankar Prasad Singh, APP
For the O.P. No.2 : Ms. Urmila Kumari, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
3 20-02-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State duly assisted by
learned counsel appearing for O.P. No.2.
2. The accused/petitioner is named in the FIR and
apprehending his arrest in connection with Phenhara P.S.
Case No.6 of 2025 registered under Sections 137(2), 96 of
the Bhartiya Nyaya Sanhita, 2023 (in short ‘B.N.S.’) and
Section 8 of the Protection of Children from Sexual Offences
Act.
3. Allegation against petitioner is to kidnap the
minor daughter of informant along with other co-accused
Patna High Court CR. MISC. No.79066 of 2025(3) dt.20-02-2026
2/3
persons/family members.
4. It is submitted by learned counsel appearing for
petitioner that during investigation, the statement of victim
was recorded, where she categorically negates any allegation
qua kidnapping and sexual assault against petitioner rather
she stated that she solemnized marriage with petitioner and
living happily somewhere in Haryana. It is pointed out that
from her statement, it appears that her date of birth is 2007
and as parent was not caring her and was forcing her to
solemnize the marriage with a person of 35 years old, she left
her house on her own. The petitioner claimed clean
antecedent.
5. Learned APP duly assisted by learned counsel
appearing for informant could not dispute the aforesaid
submission made through statement of victim recorded under
Section 183 of the Bhartiya Nagrik Suraksha Sanhita, 2023
(in short ‘BNSS’).
6. In view of aforesaid factual submissions and by
taking note of fact as the victim denied any allegation of
kidnapping or sexual assault against petitioner while recording
Patna High Court CR. MISC. No.79066 of 2025(3) dt.20-02-2026
3/3
her statement under Section 183 of the BNSS, accordingly,
the petitioner, above-named, in the event of his arrest or
surrender in the court below within a period of four weeks
from today, is directed to be released 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 7th District and Additional Sessions Judge-cum-
Special Judge, POCSO Act, East Champaran, Motihari in
connection with Phenhara P.S. Case No.6 of 2025, subject to
the conditions as laid down under Section 438(2) of the Code
of Criminal Procedure (in short ‘CrPC’)/under Section 482(2)
of the BNSS.
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
Checking your session…