Patna High Court
Rupesh PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court confirmed the provisional bail previously granted to the petitioner.
Summary
The petitioner, Rupesh Prasad, was arrested for allegedly kidnapping the 17‑year‑old daughter of an informant, facing charges under multiple sections of the B.N.S. and Sections 4 and 6 of the POCSO Act. The victim’s statement under Section 183 of the B.N.S.S. indicated that she had voluntarily eloped with the petitioner, was in a love relationship, and wished to stay with him, and the medical report showed no injuries or signs of sexual assault. The petitioner had been in custody since 1 August 2025 and had no prior criminal record, while the FIR was lodged about five days after the alleged incident. The State opposed bail, but the court considered the voluntary nature of the act, the lack of injury, the petitioner’s clean record, and the earlier provisional bail order dated 3 December 2025. Consequently, the court confirmed the provisional bail granted to the petitioner.
Issues considered
- Whether bail should be granted to the petitioner despite charges under the B.N.S. and POCSO Act
- Whether the voluntary nature of the alleged kidnapping and lack of injury justify bail
Legislation cited
Subjects
- bail
- kidnapping
- minor
- POCSO Act
- voluntary elopement
- delay in FIR
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83391 of 2025
Arising Out of PS. Case No.-393 Year-2025 Thana- MUFFASIL District- West Champaran
======================================================
Rupesh Prasad son of vidhya Prasad Resident of village - Rajapur paryagi, Po
and Ps- Kotwa, Dist- East Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXXX son of Bharat Sah Resident of village - Pipra Pakdi, Ps- Muffasil,
Bettiah, Dist- West Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shantanu Kumar
For the Opposite Party/s : Mr.Dr.Mrityunjaya Kr.Gautam
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 24-02-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State. Despite valid service
of notice, no one appears on behalf of the opposite party no. 2.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 126(2), 87, 303(2), 352,
351(2), 3(5), 115(2), 137(2), 96, 64(1) of the B.N.S. and
Sections 4/6 of the POCSO Act.
3. Petitioner is said to have kidnapped the minor
daughter of the informant.
4. Learned counsel for the petitioner has submitted
that there is an inordinate delay of all most 5 days in lodging the
FIR. As a matter of fact, there appears to be some relationship
between the victim and the petitioner and the action of the
Patna High Court CR. MISC. No.83391 of 2025(3) dt.24-02-2026
2/2
victim was completely voluntary in nature as would appear from
the statement of the victim recorded Section 183 of the B.N.S.S.
wherein she has admitted that she was in a love relationship
with the petitioner, and she had eloped with the petitioner
voluntarily to Patna and Delhi and that she wishes to go to the
petitioner and her matrimonial household. Her age is stated as
17 years and is thus on the verge of majority. The medical
examination report also does not indicate any injury or any
recent evidence of sexual assault. Further, the petitioner is in
custody since 01.08.2025 with no criminal antecedent.
5. Learned APP for the State has opposed the
application for bail.
6. Taking into consideration the facts and
circumstances and also considering the statement of the victim
under Section 183 of the B.N.S.S., coupled with the fact that the
petitioner has no criminal antecedent, 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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