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Patna High Court

Sri Ram BhagatversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner.

Summary

The petitioner, Ram Bhagat, was charged with abduction and offences under Sections 137(2) and 140(3) of the B.N.S. and Sections 8 and 12 of the POCSO Act after allegedly marrying the 17‑year‑old daughter of an informant. The victim’s statement under Section 183 of the B.N.S. indicated she left home voluntarily, married the petitioner, and was pregnant. The informant later expressed that the dispute had been amicably resolved and he had no objection to bail. Considering the victim’s voluntary statement, the lack of prior criminal record, and the amicable settlement, the court ordered the petitioner’s release on bail with a bond of Rs.10,000 and two sureties. The bail order was issued by Justice Soni Shrivastava.

Issues considered

  • Whether bail should be granted in a case involving alleged abduction and offences under the B.N.S. and POCSO Act despite the victim being a minor
  • Whether the victim’s voluntary statement and the informant’s consent to an amicable settlement justify bail

Legislation cited

Subjects

  • bail
  • abduction
  • POCSO Act
  • minor
  • love marriage
  • amicable settlement
  • Section 137
  • Section 140
  • Section 8
  • Section 12

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.79958 of 2025
                  Arising Out of PS. Case No.-380 Year-2025 Thana- SAHARSA SADAR District- Saharsa
                 ======================================================
                 Sri Ram Bhagat Son of Late Satya Narayan Bhagat Resident of Village -
                 Sitanabad South, Ward No. 10, P.S. - Bakhtiyarpur, District - Saharsa.
                                                                              ... ... Petitioner/s
                                                    Versus
           1.     The State of Bihar
           2.     X Daughter of Y Resident of Village - New Colony Saharsa, Ward No. -
                  8/39, P.O. - Saharsa, P.S. - Saharsa, District - Saharsa
                                                                           ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr. Nafisu Zzoha
                 For the State           :       Mr. Prem Kumar Jha
                 For the O.P. No.2       :       Mr. Mahtab Ali Alam
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

4   20-02-2026                   Heard learned counsel for the petitioner, learned APP

                   for the State and learned counsel for the O.P. No.2.

                                 2. The petitioner seeks bail in a case registered for the

                   offence punishable under Sections137(2), 140(3) of the B.N.S.

                   and Section 8 and 12 of the POCSO Act.

                                 3. Petitioner is said to have abducted the daughter of

                   the informant.

                                 4. Learned counsel for the petitioner has submitted

                   that the present case arises out of love relationship between the

                   petitioner and the victim. The age of the daughter of the

                   informant even according to the First Information Report was

                   17 years as such, she was almost on the verge of majority and

                   the statement of the victim recorded Section 183 of the B.N.S.S.

                   has been enumerated in the bail rejection order according to
             Patna High Court CR. MISC. No.79958 of 2025(4) dt.20-02-2026
                                                         2/2




                       which she has accepted that she had left the house on her own

                       will and even got married to the petitioner and had became

                       pregnant. Further, the petitioner is in custody since 27.07.2025

                       with no criminal antecedent and charge-sheet has already been

                       submitted.

                                     5. Learned counsel for the informant has instructions

                       that the matter has now been amicably resolved between the

                       parties and the informant does not want to pursue the matter as

                       such, he does not have any objection if the bail is granted to the

                       petitioner.

                                        6. Taking into consideration the facts and

                       circumstances and also considering the 183 B.N.S.S. statement

                       of the victim coupled with the fact that the parties have

                       amicably resolved their dispute, 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 Saharsa

                       Sadar P.S. Case No. 380 of 2025.



                                                 (Soni Shrivastava, J)
devendra/-
U      T


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