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Patna High Court

Karan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the presence of a voluntary elopement negated the necessity for continued detention, warranting the grant of bail.

Summary

The petitioner, Karan Kumar, was arrested on 11 June 2025 in connection with a Special POCSO case alleging abduction of a minor girl under Sections 137(2) and 140(3) of the BNS and Sections 6 and 12 of the POCSO Act. The victim’s statement indicated that she and the petitioner were in a consensual relationship and had eloped of her own volition. The petitioner applied for bail, arguing that the circumstances did not constitute forcible abduction. The court examined the facts and, noting the victim’s testimony of a voluntary elopement, concluded that the bail criteria were satisfied. Accordingly, 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 bail should be granted to the accused in a POCSO case alleging abduction of a minor
  • Whether the alleged consensual relationship and elopement of the victim affect the bail considerations

Legislation cited

Subjects

  • bail
  • POCSO
  • abduction
  • minor
  • consensual relationship
  • elopement
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.81455 of 2025
                 Arising Out of PS. Case No.-97 Year-2025 Thana- Amhara P.S. (I.I.T.A. Bihta) District- Patna
                 ======================================================
                 Karan Kumar Son of Late Bhuneshwar Nut R/o Village- Lai, P.S.- IIT
                 Amhara, District- Patna

                                                                                        ... ... Petitioner/s
                                                           Versus
           1.    The State of Bihar Bihar
           2.    X Son of Y Resident of Village- Yamunapur, P.S.- IIT Amhara, Distt.- Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s       :       Mr.Prabhat Kumar Singh
                                                    Ms. Priya.
                 For the Opposite Party/s :         Mr.Sanjay Kumar Tiwary
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

6   25-03-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                     2. The petitioner seeks bail in connection with

                   Special POCSO Case No. 162 of 2025 arising out of IIT

                   Amhara P.S. Case No. 97 of 2025 registered for the offence

                   under Sections 137(2), 140(3) of the BNS and under Sections 6,

                   12 of the POCSO Act.

                                        3. As per the prosecution case, the petitioner is

                   accused of abducting the victim girl.

                                        4. The petitioner is in custody since 11.06.2025.

                                        5. From the statement of the victim girl, it appears

                   that the petitioner and the victim girl were in a relationship and

                   she has eloped with the petitioner of her own.
          Patna High Court CR. MISC. No.81455 of 2025(6) dt.25-03-2026
                                                      2/2




                                    6. Considering the aforesaid facts, this application

                    is allowed.

                                     7. Let the petitioner, above named, be released on

                    bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)

                    with two sureties of the like amount each to the satisfaction of

                    the learned concerned Court below, where the case is pending,

                    in connection with POCSO Case No. 162 of 2025 arising out of

                    IIT Amhara P.S. Case No. 97 of 2025.



                                                               (Sandeep Kumar, J)
Vikas/-

U


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