Patna High Court
Chhotu Mukhiya @ Chotu MukhiyaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner, finding no sufficient ground to keep him in custody.
Summary
The petitioner, Chhotu Mukhiya, was arrested in connection with a case alleging kidnapping of a minor girl, the informant's daughter, under Sections 137(2) and 96 of the Bihar Narcotic Substances Act, 2023 and Section 8 of the POCSO Act. The prosecution claimed the petitioner had abducted the child, while the petitioner asserted innocence, stating that the victim’s recorded statement under Sections 180 and 183 of the BNSS identified him as her brother‑in‑law and that no kidnapping occurred. The victim’s statement corroborated the petitioner’s claim, and the informant’s counsel conceded the argument. The petitioner, who had been in judicial custody since 26‑08‑2025 and had no prior criminal record, applied for bail. After hearing both sides, the Court found the evidence insufficient to justify continued detention and ordered the petitioner’s release on bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to bail despite charges under the BNSS and POCSO Act.
- Whether the victim’s statement negates the allegation of kidnapping.
Legislation cited
- B.N.S., 2023 — s. 137(2), 180, 183, 96
- POCSO Act — s. 8
Subjects
- bail
- kidnapping
- POCSO
- child protection
- false implication
- criminal procedure
Judgment
06 of 2025 IN THE HIGH COURT OF JUDICATURE AT
PATNA
CRIMINAL MISCELLANEOUS No.80881 of 2025
Arising Out of PS. Case No.-216 Year-2025 Thana- GOVINDGANJ District- East
Champaran
======================================================
Chhotu Mukhiya @ Chotu Mukhiya Son of Prabhu Mukhiya R/o Village -
Sapaha, PS - Sugauli Dist. - East Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Pitambar Mukhiya Son of Late Surya Mukhiya R/o Village - Binwaliya, PS -
Govindganj, Dist. - East Champaran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Deepak Kumar, Advocate
For the Opposite Party/s : Mr. Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 21-01-2026 Heard Mr. Deepak Kumar, learned counsel for the
petitioner and Mr. Binod Kumar, learned APP for the State.
2. The petitioner has prayed for bail in connection
with Govindganj P.S. Case No. 216 of 2025 registered for the
offence punishable under Sections 137(2) and 96 of the B.N.S.,
2023 and Section 8 of the POCSO Act.
3. The case of the prosecution in short is that the
petitioner has kidnapped the minor daughter of the informant.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. Learned counsel for the petitioner submits that during the
Patna High Court CR. MISC. No.80881 of 2025(3) dt.21-01-2026
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course of investigation, the victim has given her statement
recorded under Sections 180 and 183 of the BNSS, wherein she
has stated that the petitioner is her brother-in-law. She and her
sister, along with this petitioner, have gone on a trip and they
have stayed at Motihari. After this, when she asked the
petitioner to drop her at her house, he told her to stay there for a
night. She stayed there at the house of her sister after the police
had apprehended him. He also submits that the petitioner is the
brother-in-law, and from the statement of the victim, it is clear
that the petitioner has not kidnapped or enticed her. He further
submits that a statement has been made in para 3 of the petition
that petitioner has no criminal antecedent and he is languishing
in judicial custody since 26.08.2025.
5. Learned counsel for the informant has conceded to
the argument of the learned counsel for the petitioner.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned District
& Additional Sessions Judge-cum-Exclusive Special Judge-VI,
Patna High Court CR. MISC. No.80881 of 2025(3) dt.21-01-2026
3/3
POCSO Act, East Champaran, Motihari in connection with
Govindganj P.S. Case No. 216 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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