Patna High Court
Avinash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioner.
Summary
Avinash Kumar was arrested in connection with a kidnapping case (Banjariya P.S. Case No. 410 of 2025) alleged under Sections 96 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 8 of the POCSO Act. He applied for regular bail, claiming innocence and stating that the girl had gone with him voluntarily. The State opposed the bail. The court examined the victim's statement, which indicated that she had gone willingly, and concluded that there was no immediate risk of tampering with evidence or further offence. Consequently, the court allowed the bail application, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties of the same amount.
Issues considered
- Whether regular bail should be granted to the accused in a kidnapping case punishable under the Bharatiya Nyaya Sanhita and POCSO Act.
- Whether the victim's statement of voluntary accompaniment negates the seriousness of the offence for bail considerations.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 3(5), 96
- Protection of Children from Sexual Offences (POCSO) Act — s. 8
Subjects
- bail
- kidnapping
- POCSO Act
- Bharatiya Nyaya Sanhita
- regular bail
- victim consent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79780 of 2025
Arising Out of PS. Case No.-410 Year-2025 Thana- BANJARIA District- East Champaran
======================================================
Avinash Kumar S/o Yadolal Hazara @ Yadolal Prasad R/o Village- Chanayan
Bandh, P.S.- Majhauliya, District- West Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. X S/o- Y Resident of Chilwaniya, Ambika Nagar, P.S.- Banjaria, District-
West Champaran, Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Siyaram Shahi
For the Opposite Party/s : Mr. Uma Shankar Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
6 25-03-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Banjariya P.S. Case No. 410 of 2025 registered for the offence
under Section(s) 96 and 3(5) of the Bharatiya Nyaya Sanhita,
2023 and Section 8 of the POCSO Act.
3. As per the prosecution case, petitioner is accused of
kidnapping the victim girl.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 25.07.2025.
5. Learned A.P.P. for the State has vehemently
Patna High Court CR. MISC. No.79780 of 2025(6) dt.25-03-2026
2/2
opposed the prayer for bail.
6. I have considered the submissions of the parties and
have gone through the records of the case. From the statement
of the victim girl it appears that she has gone with the petitioner
willingly.
7. In view of the above, this application for regular
bail is allowed.
8. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (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 Banjariya P.S. Case
No. 410 of 2025.
(Sandeep Kumar, J)
Shishir/-
U T
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