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Patna High Court

Sewak KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, subject to bond and surety conditions, pending surrender within six weeks.

Summary

The petitioner, Sewak Kumar, was accused of kidnapping a minor girl with the alleged intention of marrying her, under Section 96 of the Bharatiya Nyaya Sanhita and Sections 8 and 12 of the POCSO Act. The petitioner sought anticipatory bail, claiming innocence and false implication. The State and the informant opposed the bail. The court noted that the victim’s statement indicated she left her house voluntarily, which weakened the prosecution’s case. Considering the facts and submissions, the court ordered the petitioner’s release on bail, subject to a bond of Rs.10,000 with two sureties and conditions under Section 482 of the BNSS and Section 438(2) of the CrPC, provided he surrenders within six weeks. The bail was granted pending further proceedings.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner accused of kidnapping a minor under the Bharatiya Nyaya Sanhita and POCSO Act.
  • Whether the victim’s voluntary departure affects the merits of the kidnapping allegation.

Legislation cited

Subjects

  • anticipatory bail
  • kidnapping
  • child sexual offences
  • POCSO
  • Bharatiya Nyaya Sanhita
  • Criminal Procedure Code
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.81536 of 2025
                        Arising Out of PS. Case No.-254 Year-2025 Thana- RAJAON District- Banka
                 ======================================================
                 Sewak Kumar Son of Udeshwar Mandal @ Budheshwar Mandal R/o Village -
                 Rajawar, P.S. - Rajaoun, Dist. - Banka.

                                                                                   ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Poonam Devi Wife of Ram bilash Mandal R/o Vill. - Rajawar, P.S. -
                 Rajaoun, Dist. - Banka.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Kumar Kaushlendra, Advocate
                 For the State            :       Mr.Rajendra Prasad Nat, APP
                 For the Informant        ;       Mr. Devendra Kumar Pandey, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   24-02-2026                   Heard learned counsel for the petitioner; learned

                   A.P.P. for the State and learned counsel for the informant.

                                2. The petitioner apprehends arrest in connection

                   with Rajoun P.S. Case No. 254 of 2025 instituted under Section

                   96 of the Bharatiya Nyaya Sanhita and Section 8/12 of the

                   POCSO Act.

                                3. As per the prosecution case, the petitioner is said

                   to have kidnapped the minor victim girl with an intention to

                   marry her.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has been falsely implicated in this

                   case.
           Patna High Court CR. MISC. No.81536 of 2025(3) dt.24-02-2026
                                                       2/2




                                  5. Learned counsel for the State and well as learned

                     counsel for the informant have opposed the prayer for

                     anticipatory bail of the petitioner.

                                  6. From the statement of the victim girl recorded by

                     the Police, it appears that the victim had left her house on her

                     own accord.

                                  7. Considering the facts and circumstances of the case

                     and submissions of learned counsel for the parties, in the event

                     of arrest or surrender before the Court below within six weeks

                     from today, the petitioner, above named, be released on bail

                     upon furnishing bail bonds of Rs.10,000/- (ten thousand) with

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

                     learned Additional Sessions Judge-VI-cum-Special Judge

                     POCSO Court, Banka/ concerned Court in connection with

                     Rajoun P.S. Case No. 254 of 2025, subject to the conditions laid

                     down in Section 482 of the BNSS/ 438(2) of the Code of

                     Criminal Procedure, 1973.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T


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