Patna High Court
Arjun RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Indian Evidence Act, 1872 — s. 183
- Indian Penal Code — s. 363, 366A
- Protection of Children from Sexual Offences Act, 2012 — s. 4, 6
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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