Patna High Court
Babu Lal SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioners.
Summary
The petitioners, Babu Lal Singh and Amarjeet Singh, sought regular bail in a case registered under IPC sections 363, 354(A) and 34 for alleged kidnapping and sexual offences. The prosecution alleged that the petitioners, along with a woman named Juli Devi, abducted the minor daughter of an informant for immoral purposes. The petitioners contended they were innocent, citing the victim’s statements recorded under CrPC sections 161 and 164 which did not implicate them and highlighted the informant’s habit of filing false cases. The court examined the victim’s testimony, the lack of direct allegation against the petitioners, and the circumstances of their prolonged custody since 15‑10‑2025. Considering these factors, the court ordered that the petitioners be released on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to the satisfaction of the Special Judge POCSO Act, Khagaria.
Issues considered
- Whether regular bail should be granted to the accused under IPC sections 363, 354(A) and 34.
- Whether the victim’s statements under CrPC sections 161 and 164 exonerate the petitioners.
- Whether the informant’s alleged habit of filing false cases impacts the bail decision.
- Whether bail can be granted in a case involving alleged offences under the POCSO Act.
Legislation cited
- Criminal Procedure Code — s. 161, 164
- Indian Penal Code — s. 34, 354A, 363
- Protection of Children from Sexual Offences Act
Subjects
- bail
- kidnapping
- sexual assault
- IPC
- CrPC
- POCSO Act
- false allegations
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84695 of 2025
Arising Out of PS. Case No.-242 Year-2023 Thana- CHAUTHAM District- Khagaria
======================================================
1. Babu Lal Singh S/O Jageshwar Singh Resident of village - Patel Nagar, P.S-
Chautham, District- Khagaria
2. Amarjeet Singh S/O Babulal Singh Resident of village - Patel Nagar, P.S-
Chautham, District- Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Sumiran Rai, Advocate
For the Opposite Party/s : Mr. Bharat Lal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
4 31-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have prayed for regular bail in a
case registered for the offence punishable under sections 363
and 354(A) and 34 of the Indian Penal Code.
3. The case of the prosecution is that the petitioners
along with Juli Devi have kidnapped the minor daughter of the
informant for immoral purposes.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have committed no offence.
Learned counsel for the petitioners has submitted that during
course of investigation, the victim was recovered and she has
Patna High Court CR. MISC. No.84695 of 2025(4) dt.31-01-2026
2/3
given her statement recorded under Sections 161 and 164 of the
Cr.P.C. wherein she has stated that one Juli has called her to
have meal at her house, there four persons were present. The
petitioners were also there. As she consumed the food, she
started sleeping and she was at Katihar when she woke up. Two
boys were there who disclosed her that she has been sold by by
Juli Devi. They took her to a Jungle and performed ‘galat kaam’
there with her. Learned counsel for the petitioners has further
submitted that after this case also, the mother of the victim again
filed a case regarding kidnapping of the victim of this case. The
informant is habitual in filing false cases. Moreover, main thrust
of allegation is against Juli Devi. From perusal of the statement
of the victim under Sections 161 and 164 of the Cr.P.C. it is
clear that there is no allegation against these petitioners.
Moreover, they are languishing in judicial custody since
15.10.2025.
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 petitioners on bail. The above named
petitioners are directed to be released on bail in connection with
Patna High Court CR. MISC. No.84695 of 2025(4) dt.31-01-2026
3/3
Chautham P.S. Case No. 242 of 2023 each on furnishing bail
bond of Rs.10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Special Judge
POCSO Act, Khagaria.
(Ashok Kumar Pandey, J)
Shubham/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.