Patna High Court
Priyanshu Kumar @ Suraj Kumar @ SurajversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Priyanshu Kumar, was charged under sections 137(2), 96 and 3(5) of the BNS and section 8 of the POCSO Act for allegedly kidnapping the minor daughter of an informant. The petitioner sought regular bail, contending that the minor had voluntarily left her hostel with him, that she gave a statement under sections 180 and 183 of the BNSS, and that no sexual assault allegation was made. The State opposed bail, emphasizing the seriousness of the offences and the petitioner’s prior criminal antecedent. The court examined the victim’s voluntary departure, her age (15‑12‑2007, nearing 18), and the lack of sexual assault allegations, and found no justification to deny bail. Consequently, the court ordered the petitioner’s release on bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite charges under the POCSO Act and kidnapping provisions.
- Whether the victim’s voluntary departure negates the element of kidnapping.
- Whether the petitioner’s prior criminal antecedent and the seriousness of the offences preclude bail.
Legislation cited
Subjects
- regular bail
- kidnapping
- POCSO Act
- minor
- voluntary escape
- criminal antecedent
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8402 of 2026
Arising Out of PS. Case No.-355 Year-2025 Thana- MOTIHARI TOWN District- East
Champaran
======================================================
Priyanshu Kumar @ Suraj Kumar @ Suraj S/O Ajay Chaubey @ Ajay Kumar
Chaubey R/O Village- Krishna Nagar, P.S- Town, Distt.- East Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar
2. XX C/O Late Siyaram Singh R/O Village- Barakagaon, P.S- Pakridayal,
Distt.- East Champaran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
Mr. Harsha Shashwat, Advocate
For the Opposite Party/s : Mr. Rabindra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 12-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 137(2), 96
and 3(5) of BNS and Section 8 of the POCSO Act.
The case of the prosecution is that the petitioner has
kidnapped the minor daughter of the informant.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that during course of
investigation, the victim was recovered and she has given her
statement recorded under Sections 180 and 183 of BNSS.
Patna High Court CR. MISC. No.8402 of 2026(2) dt.12-02-2026
2/3
Learned counsel has further submitted that from perusal of the
order of the learned trial court, it will transpire that the learned
trial court has recorded that on 27.04.2025, she fled away with
this petitioner from her hostel and went to Delhi with him. At
the time of event/occurrence, she was minor and as per her
matriculation mark sheet, her D.O.B. is 15.12.2007. Learned
counsel has further submitted that from perusal of the order of
the learned trial court, it is clear that the victim has herself gone
with the petitioner from her hostel out of her own will and this
petitioner has not kidnapped her. He has also submitted that the
victim has not made any allegation against the petitioner in
respect of sexual assault with her. Moreover, as per her
matriculation mark sheet, she is on the verge of turning
eighteen. A statement has been made in para-3 of this petition
that the petitioner has got one criminal antecedent. Moreover,
he is languishing in judicial custody since 20.12.2025.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Patna High Court CR. MISC. No.8402 of 2026(2) dt.12-02-2026
3/3
Town P.S. Case No. 355 of 2025 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned 6th District and Additional
Sessions Judge-cum-Exclusive Special Judge, POCSO Act, East
Champaran, Motihari.
(Ashok Kumar Pandey, J)
lata/-
U T
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