Patna High Court
Sharwan Kumar @ Babloo KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to the petitioner.
Summary
The petitioner, Sharwan Kumar, applied for bail in a case registered under Section 96 of the Bharatiya Nyaya Sanhita alleging abduction of a girl. The prosecution alleged that the petitioner abducted the victim, while the petitioner claimed innocence and false implication. The victim's statement indicated a consensual relationship with the petitioner. After hearing both sides, the court found the relationship fact relevant and considered the lack of contrary evidence. Consequently, the court allowed the bail application, directing release upon furnishing a bail bond of Rs. 10,000 with two sureties of equal amount.
Issues considered
- Whether bail should be granted to the petitioner under Section 96 of the Bharatiya Nyaya Sanhita in an alleged abduction case
- Whether the alleged consensual relationship between the petitioner and the victim affects the bail decision
Legislation cited
- Bharatiya Nyaya Sanhita — s. 96
Subjects
- bail
- abduction
- Section 96
- Bharatiya Nyaya Sanhita
- consensual relationship
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81164 of 2025
Arising Out of PS. Case No.-648 Year-2024 Thana- WAJIRGANJ District- Gaya
======================================================
Sharwan Kumar @ Babloo Kumar S/o Gendu Yadav R/o Village- Kewala,
P.S- Wazirganj, District- Gaya
... ... Petitioner/s
Versus
1. The State of Bihar
2. Ayodhya Pandey S/o Late Jagdish Pandey R/o vill - Gairaiya, P.s.-
Wazirganj, Distt.- Gaya
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Tej Narayan Singh, Advocate
For the State : Mr.Shahabuddin Azeem @ S. Azeem, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
6 24-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Wazirganj P.S. Case No. 648 of 2024 registered for the offence
punishable under Section 96 of the Bharatiya Nyaya Sanhita.
3. As per the prosecution case, the petitioner is said to
have abducted the victim girl.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case.
5. The petitioner is in custody since 06.09.2024.
6. From the statement of the victim girl, it appears
Patna High Court CR. MISC. No.81164 of 2025(6) dt.24-03-2026
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that she was in a relationship with the petitioner.
7. Considering the aforesaid facts, this application is
allowed.
8. 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
District and Additional Sessions Judge-VI, Gaya-cum- Special
Judge, POCSO Act/ concerned Court below in connection with
Wazirganj P.S. Case No. 648 of 2024.
(Sandeep Kumar, J)
P. Kumar
U T
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