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Patna High Court

Dasrath Kumar @ Dashrath KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court held that bail could not be granted to the petitioner at this stage.

Summary

Dasrath Kumar was arrested in connection with a case alleging that he kidnapped the daughter of an informant and forced a marriage without consent. The victim, a minor, gave a statement under Section 183 of the Bharatiya Nyaya Sanhita (BNSS) corroborating the FIR, and the charge‑sheet includes offences under BNSS, the POCSO Act and the SC/ST Act. The petitioner sought bail, claiming innocence, lack of criminal antecedents, and that the victim was already married. The State opposed bail, emphasizing the seriousness of the offences, the victim's minority, and the risk of tampering with evidence. The Patna High Court, after considering the gravity of the allegations and the victim's statements, refused bail, directed the trial court to expedite the trial, and allowed the petitioner to re‑apply for bail after six months if the trial remains pending.

Issues considered

  • Whether bail should be granted to the accused in a case involving kidnapping, forced marriage, and offences against a minor under the BNSS, POCSO Act and SC/ST Act.
  • Whether the victim's statement under Section 183 BNSS corroborates the FIR sufficiently to deny bail.
  • Whether the nature and gravity of the offences warrant denial of bail at the pre‑trial stage.

Legislation cited

Subjects

  • bail
  • kidnapping
  • forced marriage
  • minor
  • POCSO
  • SC/ST Act
  • BNSS
  • pre‑trial detention
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.81559 of 2025
                      Arising Out of PS. Case No.-199 Year-2025 Thana- BAKHARI District- Begusarai
                 ======================================================
                 Dasrath Kumar @ Dashrath Kumar S/O Arjun Mahto R/O Village-
                 Bahorchak, Ward No. 9, P.S- Bakhri, Distt.- Begusarai.
                                                                        ... ... Petitioner/s
                                                   Versus

           1.    The State of Bihar
           2.    Lalbabu Paswan S/O Shyam Nandan Paswan R/O Village- Bahorchak Ward
                 No. 07, P.S- Bakhri, Distt.- Begusarai.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Bhola Prasad, Advocate
                 For the Opposite Party/s :        Mr.Sadanand Paswan, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

4   20-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State. Perused the case diary.

                               2. The petitioner seeks bail in connection with Bakhri

                   P.S. case No. 199 of 2025, instituted for the offences under

                   Sections 137(2), 87, 352 and 3(5) of the Bharatiya Nyaya

                   Sanhita, 2023.

                               3. Allegation against the petitioner is that he has

                   kidnapped the daughter of the informant.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. Learned counsel for the petitioner submitted that

                   general and omnibus allegation has been made against the
Patna High Court CR. MISC. No.81559 of 2025(4) dt.20-02-2026
                                            2/3




          petitioner. Learned counsel further submitted that, as a matter of

          fact, victim is a married lady. He further submitted that in the

          statement recorded u/s 183 of BNSS, the victim accepted that

          she had a relation with the petitioner and the petitioner got her

          Khagaria Court for marriage before the Notary public, where

          her parents has caught her and lodged the present F.I.R. It has

          been submitted on behalf of the petitioner that the petitioner is

          in custody since 24.05.2025 and has no criminal antecedent.

                      5. Learned A.P.P. for the State vehemently opposed the

          prayer for grant of bail to the petitioner. Learned APP further

          submitted that victim in her statement recorded under Section

          183 of the BNSS has corroborated the contents of the FIR. The

          victim has stated in her statement that petitioner has abducted

          her and performed marriage without her consent. After

          completion of the investigation, the I.O of this case has

          submitted Charge-sheet u/s 96 of the B.N.S, u/s 4/8 of POCSO

          Act and u/s 3(1)(R)(S) of the SC/ST Act. The victim is a minor

          girl. Therefore, the petitioner does not deserve to be released on

          bail.

                       6. Considering the aforesaid facts and circumstances

          of the case, nature and gravity of offence, this Court is not

          inclined to grant bail to the petitioner at this stage.
           Patna High Court CR. MISC. No.81559 of 2025(4) dt.20-02-2026
                                                       3/3




                                  7. Accordingly, the prayer for grant of bail to the

                     petitioner is, hereby, rejected.

                                  8. Learned Trial Court is directed to expedite the trial.

                                  9. However, liberty is granted to the petitioner to

                     renew the prayer for grant of bail before the Trial Court if the

                     trial is not concluded within a period of six months from today.

                     If any such application is filed before the learned court below,

                     the court concerned shall consider the same on its own merit

                     without being prejudiced by this order.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T


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