Patna High Court
Satya Kumar @ Shakti @ Shatrudhan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court confirmed the provisional bail granted to the petitioner.
Summary
Satya Kumar was arrested on charges under Sections 96, 137(2), 3(5) of the B.N.S. and Sections 8 and 12 of the POCSO Act for allegedly kidnapping a 16‑year‑old girl. The petitioner sought bail, arguing that the victim voluntarily left home, went to Surat, and married him, and that she had previously denied any kidnapping in her statement. The State and the informant opposed bail, contending that a minor’s consent is legally ineffective and that this was a repeat attempt to flee with the girl. The court noted the victim’s declaration of a consensual relationship, the absence of a medical report, the petitioner’s clean record, and the prolonged pre‑trial custody. Considering these factors, the court confirmed the provisional bail previously granted on 03‑12‑2025.
Issues considered
- Whether bail should be granted to an accused charged under kidnapping and POCSO offences when the alleged victim, a minor, claims consent.
- Whether the petitioner’s prior acquittal and lack of criminal antecedent justify bail despite the State’s objection.
Legislation cited
Subjects
- bail
- kidnapping
- POCSO
- minor consent
- love relationship
- provisional bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83141 of 2025
Arising Out of PS. Case No.-240 Year-2024 Thana- SILAO District- Nalanda
======================================================
Satya Kumar @ Shakti @ Shatrudhan Kumar S/O Bhola Ram R/O Vill.-
MItma,P.S- Silao, Dist- Nalanda
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sushmita Kumari Chaukidar-2,Bit no-2,Mahal Chaukidar vill- Haiderganj
Kadah,P.S- Silao,Dist.- Nalanda
3. Minor Victim Girl D/O Md Julfikar through her father R/O vill- Haiderganj
Kadah,P.S- Silao,Dist.- Nalanda
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mukesh Kumar
Mr. Vivek Kumar
For the State : Mr. Binod Kumar
For the Informant Mr. Udbhav, Adv.
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 18-02-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned Additional Public
Prosecutor for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 96, 137(2), 3(5) of the B.N.S.
and Section 8/12 of the POCSO Act.
3. Learned counsel for the petitioner has submitted
that the present case arises out of love relationship between the
petitioner and the victim and the victim after recovery in her
statement recorded Section 183 of the B.N.S.S. has clearly
stated that she was never kidnapped rather she voluntarily went
all alone to Surat where she met the petitioner and solemnized
Patna High Court CR. MISC. No.83141 of 2025(3) dt.18-02-2026
2/3
marriage with him. After having come to know of the fact that
her mother had filed a case against her she came back and on a
specific court question she has replied that she wants to go with
the petitioner and stay with him. It is further submitted that the
victim has even refused a medical examination as such, no
medical report of the victim with regard to her age etc. is on
record. Earlier also, another case had been filed against the
petitioner with regard to kidnapping of the same girl but the said
case has resulted in an acquittal. Further, the petitioner, who is
also a young boy of 21 years of age, is in custody since
12.09.2024 and the case is running only at the stage of
prosecution evidence and there is no likelihood of the
conclusion of the trial in near future.
4. Learned APP for the State and learned counsel for
the informant have opposed the application for bail on the
ground that the victim is a minor girl of 16 years of age and
minor’s consent would be no consent in the eyes of law and
since this is second occasion when the petitioner attempted to
flee away with the victim, he should not be granted the privilege
of bail.
5. Taking into consideration the facts and
circumstances of the case and also considering that the victim
Patna High Court CR. MISC. No.83141 of 2025(3) dt.18-02-2026
3/3
has accepted a love relationship with the petitioner by negating
the factum of kidnapping, coupled with the fact that the
petitioner, who has no criminal antecedent, has remained in
custody since long and there is no likelihood of the conclusion
of trial in the near future, the provisional bail granted to the
petitioner vide order dated 03.12.2025 stands confirmed.
(Soni Shrivastava, J)
devendra/-
U T
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