Patna High Court
Sewak KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bharatiya Nyaya Sanhita — s. 96
- Code of Criminal Procedure, 1973 — s. 438(2), 482
- Protection of Children from Sexual Offences (POCSO) Act — s. 12, 8
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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