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Patna High Court

Arjun RamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The application for regular bail is allowed.

Summary

Arjun Ram was arrested in connection with a kidnapping case (P.S. Case No. 319 of 2024) alleged under Sections 363 and 366A of the Indian Penal Code and Sections 4 and 6 of the POCSO Act. The petitioner claimed innocence, asserted a clean antecedent, and had been in custody since 9 March 2025. The prosecution argued that the offence was established, but the victim’s statement recorded under Section 183 of the Evidence Act indicated that she had voluntarily eloped with the petitioner. The petitioner’s counsel contended that the allegations were not substantiated and that bail should be granted. The Court, after considering the victim’s statement and the lack of contrary material, allowed the application for regular bail. Accordingly, the petitioner was released on bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount, with a note that the observations were prima facie and not determinative of the trial’s merits.

Issues considered

  • Whether regular bail can be granted in a kidnapping and POCSO case where the victim’s statement suggests a voluntary elopement.
  • Whether the prosecution has established a prima facie case sufficient to deny bail.

Legislation cited

Subjects

  • bail
  • kidnapping
  • POCSO
  • IPC
  • regular bail
  • victim elopement
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84769 of 2025
                  Arising Out of PS. Case No.-319 Year-2024 Thana- PAHARPUR District- East Champaran
                 ======================================================
                 Arjun Ram Son of Madan Ram Resident of Village- Saraiya Birti Tola, P.S.-
                 Paharpur, District- East Champaran

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar Bihar
           2.    X D/o Harichandra Ram Resident of Village- Parsouni, P.S.- Paharpur,
                 District- East Champaran

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Prateek Tandon
                 For the Opposite Party/s :       Mr. Sanjay Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

6   06-04-2026                  Heard the learned counsel for the petitioner and

                   learned APP for the State. None appears on behalf of the O.P.

                   No. 2 despite valid service of notice.

                                2. The petitioner seeks regular bail in connection with

                   Paharpur P.S. Case No. 319 of 2024 registered for the offence

                   under Section(s) 363, 366A of the Indian Penal Code and

                   Section 4/6 of the POCSO Act.

                                3. As per the prosecution case, the petitioner is

                   accused of kidnapping the victim.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has not committed any offence.

                   Petitioner is in custody since 09.03.2025 and claims clean

                   antecedent.

                                5. Learned A.P.P. for the State has vehemently
            Patna High Court CR. MISC. No.84769 of 2025(6) dt.06-04-2026
                                                        2/2




                      opposed the prayer for bail.

                                   6. I have considered the submissions of the parties and

                      have gone through the records of the case. From the impugned

                      order it appears that the victim in her statement recorded under

                      Section 183 BNSS has said that she had eloped with the

                      petitioner on her own.

                                   7. Considering the aforesaid facts and circumstances,

                      this application for regular bail is allowed.

                                   8. 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 Court below where the case is

                      pending/successor Court in connection with Paharpur P.S. Case

                      No. 319 of 2024.

                                   9. It is made clear that any observation made herein is

                      prima facie in nature and limited solely for the purpose of

                      adjudication of the present bail application. Such observations

                      shall not be construed as an expression on the merits of the case

                      and shall not influence the trial or any other proceedings in any

                      manner.



                                                         (Sandeep Kumar, J)
Shishir/-
U       T


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