Patna High Court
Dasrath Kumar @ Dashrath KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
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
- Bharatiya Nyaya Sanhita, 2023 — s. 137(2), 183, 3(5), 352, 87, 96
- Protection of Children from Sexual Offences (POCSO) Act — s. 4, 8
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(R)(S)
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
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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
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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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