Patna High Court
Abhishek Kumar @ ChhotuversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was refused as the allegations and the victim’s statement under Section 183 BNSS warranted custody.
Summary
The petitioner, Abhishek Kumar, was accused of kidnapping a minor girl, the daughter of an informant, along with co‑accused Pukari Tanti and Ajit Kumar. The prosecution alleged that the girl was seen on a WhatsApp video with the co‑accused on a train after she went missing from her tuition. The petitioner applied for anticipatory bail, claiming innocence and a clean antecedent. The State opposed the bail, relying on the victim’s statement recorded under Section 183 of the Bihar Nagarik Suraksha Act. The court considered the seriousness of the allegations under the Bharatiya Nyaya Sanhita and the POCSO Act and the victim’s recorded statement, and consequently refused the anticipatory bail. The bail application was dismissed.
Issues considered
- What is the appropriateness of granting anticipatory bail to the petitioner under the Bharatiya Nyaya Sanhita, 2023 and the POCSO Act?
- Whether the victim’s statement recorded under Section 183 BNSS justifies refusal of anticipatory bail?
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 137(20), 65(1), 96
- Protection of Children from Sexual Offences Act, 2012 — s. 12, 4, 8
Subjects
- anticipatory bail
- kidnapping
- child sexual offences
- POCSO Act
- Bihar High Court
- bail refusal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79401 of 2025
Arising Out of PS. Case No.-313 Year-2024 Thana- SIKANDRA District- Jamui
======================================================
Abhishek Kumar @ Chhotu, Son of Ganesh Prasad Chaurasiya, Resident of
Village -Tal Saharsa PS -Sikandra District -Jamui
... ... Petitioner/s
Versus
1. The State of Bihar
2. Shivdani Ram, Son of Sahdeo Ram, Resident of Village -Tal Saharsa PS
-Sikandra District -Jamui
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raja Ram Mishra, Advocate
For the Opposite Party/s : Mr. Tarun Prasad Mandal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in case registered for
the offences punishable under Section 96, 137(20, 65(1) of the
Bharatiya Nyaya Sanhita, 2023 and Sections 4, 8 and 12 of the
Protection of Children from Sexual Offences Act.
3. As per the prosecution case, the informant reported
that, on 06.10.2024, the daughter of the informant went missing
after tution. Later, the picture of his daughter was seen on
whatsapp in which she was seen with co-accused Pukari Tanti@
Ajit Kumar on a train. Informant alleges that the petitioner
involved in kidnapping his daughter with the co-accused Pukari
Tanti @ Ajit Kumar.
Patna High Court CR. MISC. No.79401 of 2025(2) dt.15-01-2026
2/2
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Petitioner
claims clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application and submitted that victim in her statement
recorded under Section 183 BNSS has supported the
prosecution case.
6. Considering the accusation and the statement of the
victim recorded under Section 183 BNSS, prayer for
anticipatory bail of the petitioner is refused.
(Prabhat Kumar Singh, J)
khushbu/-
U T
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