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Patna High Court

Badal Ram @ Badal KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied.

Summary

Badal Ram, the petitioner, was implicated in an FIR alleging that he kidnapped the minor daughter of an informant. The victim's statement under Section 183 of the B.N.S. identified the petitioner as one of the perpetrators. The petitioner faced charges under Sections 137(2), 140(3), 351(2), 3(5) of the B.N.S. and Sections 4 and 6 of the POCSO Act. He applied for anticipatory bail, arguing fear of arrest. The Court examined the seriousness of the kidnapping and child‑sexual‑offence allegations and concluded that the gravity of the accusations warranted denial of anticipatory bail. Consequently, the petition for anticipatory bail was rejected.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner accused of kidnapping a minor and offences under the B.N.S. and POCSO Act

Legislation cited

Subjects

  • kidnapping
  • child sexual offence
  • anticipatory bail
  • POCSO Act
  • criminal procedure

Judgment

                         IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.83920 of 2025
                     Arising Out of PS. Case No.-114 Year-2025 Thana- GAUNAHA District- West Champaran
                    ======================================================
                    Badal Ram @ Badal Kumar S/o- Raman Ram @ Raman Ram Village-
                    Bhitiharwa Police station- Gaunaha District-West Champaran
                                                                             ... ... Petitioner/s
                                                      Versus
              1.     The State of Bihar
              2.     xxxx S/o- Harmun Chaurasiya Village- Bhitiharwa Police station- Gaunaha
                     District-West Champaran
                                                                       ... ... Opposite Party/s
                    ======================================================
                    Appearance :
                    For the Petitioner/s     :      Mr. Brij Kishor Mishra, Adv.
                    For the Opposite Party/s :      Mrs.Suman Kumari Singh, APP
                    ======================================================
                    CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                          ORAL ORDER

2      06-01-2026                    Heard learned counsel for the petitioner and learned

                      A.P.P for the State.

                                   2. The petitioner apprehends his arrest in a case,

                      registered for offence punishable under Sections 137(2), 140(3),

                      351(2), 3(5) of the B.N.S. and Sections 4 / 6 of the POCSO Act.

                                   3. As per F.I.R., petitioner is one of the person, who

                      kidnapped the minor daughter of informant.

                                   4. The victim, in her statement recorded under Section

                      183 B.N.S.S., has supported the prosecution case and named

                      this petitioner, as one of the person, who forcibly kidnapped her.

                                   5. Considering the nature of accusation, the prayer

                      for anticipatory bail of petitioner is rejected.


                                                            (Prabhat Kumar Singh, J)
anay

U        T


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