Patna High Court
Ajay RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Regular bail was granted to the petitioner.
Summary
The Patna High Court considered an application for regular bail filed by Ajay Ram, who was in custody since 9 October 2025 for alleged kidnapping of an informant’s daughter with a view to marriage, under IPC sections 363, 365, 366A and 34, and POCSO Act sections 6 and 8. The petitioner claimed innocence and argued that the girl had voluntarily eloped with him, a fact supported by the victim’s statement. The State opposed the bail, emphasizing the seriousness of the offences. After evaluating the facts, the court noted the elopement and lack of coercion, and consequently allowed the bail application. The petitioner was ordered to be released on bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount.
Issues considered
- Whether regular bail should be granted to a person accused of kidnapping and offences under the POCSO Act when the alleged victim has voluntarily eloped with the accused.
Legislation cited
- Indian Penal Code — s. 34, 363, 365, 366A
- Protection of Children from Sexual Offences Act — s. 6, 8
Subjects
- bail
- kidnapping
- POCSO Act
- elopement
- regular bail
- Indian Penal Code
- Protection of Children from Sexual Offences Act
- Patna High Court
- West Champaran
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83934 of 2025
Arising Out of PS. Case No.-133 Year-2024 Thana- RAMNAGAR District- West Champaran
======================================================
Ajay Ram S/O Bachcha Ram Reaident of village - Bhawal, P. S- Ram Nagar,
Dist.- west champaran
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. X S/O Shankar Ram Reaident of village - Bhawal, P. S- Ram Nagar, Dist.-
west champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mayank Mohan, Advocate
For the Opposite Party/s : Mr. Bishweshwar Ram, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 02-04-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Ramnagar P.S. Case No. 133 of 2024 registered for the offence
under Sections 363, 365, 366A/34 of the Indian Penal Code and
sections 6 and 8 of the POCSO Act.
3. The allegation against the petitioner is that he has
kidnapped the daughter of the informant for the purpose of
marriage.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 09.10.2025 and has clean
Patna High Court CR. MISC. No.83934 of 2025(5) dt.02-04-2026
2/2
antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances
of the case and also from the statement of the victim girl it
appears that she had eloped with the petitioner, period of
custody of the petitioner, this application for regular bail is
allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned S.D.J.M., Bettiah, West Champaran
/concerned Court below in connection with Ramnagar P.S. Case
No. 133 of 2024.
(Sandeep Kumar, J)
Ranjeet/-
U T
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