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Patna High Court

Sharwan Kumar @ Babloo KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                       2/2




                     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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