Patna High Court
Karan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
Checking your session…