Patna High Court
Ajit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Considering the victim’s statement indicating a consensual relationship and the lack of evidence of assault, the court held that the petitioner is entitled to bail.
Summary
Ajit Kumar was arrested for allegedly kidnapping the minor daughter of an informant, with charges under Sections 137(2), 96, 64, 3(5) of the B.N.S. and Sections 4 and 6 of the POCSO Act. The petitioner claimed the incident stemmed from a consensual love relationship; the victim, aged 17½, stated she voluntarily went with him and later withdrew any allegation of assault. A medical report placed her age between 18 and 20 years, and no injuries, assault, or spermatozoa were found. The State opposed bail, while the opposite party did not appear. The court, noting the victim’s statement, the lack of physical evidence, and the petitioner’s clean record, ordered bail on a bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner despite charges of kidnapping and offences under the POCSO Act.
- Whether the provisions of the POCSO Act are applicable given the victim's age and her statement.
- Whether the victim’s statement under Section 183 of the B.N.S. negates the element of assault or kidnapping.
Legislation cited
Subjects
- bail
- kidnapping
- POCSO Act
- minor
- consensual relationship
- Section 183 B.N.S.
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86169 of 2025
Arising Out of PS. Case No.-161 Year-2025 Thana- BIHRA District- Saharsa
======================================================
Ajit Kumar S/O Bilash Yadav Resident of Village- Nandlali, Ward No. 01,
P.S.- Bihra, District- Saharsa. ... ... Petitioner/s
Versus
1. The State of Bihar
2. Vijay Yadav S/O Mukum Yadav Resident of Village- Nandlali, Ward No. 01,
P.S.- Bihra, District- Saharsa. ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar
For the Opposite Party/s : Mr.Manoj Kumar
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 26-02-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State. However, despite
valid service of notice, no one appears on behalf of O.P. No. 2.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 137(2), 96, 64, 3(5) of the
B.N.S. and Section 4, 6 of the POCSO Act.
3. Petitioner along with other accused persons are said
to have kidnapped the minor daughter of the informant.
4. Learned counsel for the petitioner has submitted
that the present case arises out of love relationship between the
petitioner and the victim and the victim after recovery in her
statement recorded Section 183 of the B.N.S.S. has clearly
stated that she had made a call to the petitioner whereafter she
went along with him to Saharsa and then Madhepure and while
coming back to Saharsa, they were apprehended by the police.
She has disclosed her age as 17 years six months and even
Patna High Court CR. MISC. No.86169 of 2025(3) dt.26-02-2026
2/2
according to the medical examination report, her age has been
found to be between 18 to 20 years, as such, the provisions of
the POCSO Act would not be applicable. Further, no sign of any
injuries or assault was seen on the body and no spermatozoa
was found in the vaginal swab. The victim has also not alleged
any assault etc. in her statement under Section 183 of the
B.N.S.S. Further, the petitioner with no criminal antecedent is in
custody since 04.07.2025.
5. Learned APP for the State has opposed the
application for bail.
6. Taking into consideration the facts and
circumstances and also considering the fact that the statement of
victim, who is on the verge of majority, under Section 183 of the
B.N.S.S. considering the possibility of love relationship
between the petitioner and the victim, let the above named
petitioner, be enlarged on bail on furnishing bail bond of
Rs.10,000/- (Rupees 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 Bihra
P.S. Case No. 161 of 2025.
(Soni Shrivastava, J)
devendra/-
U T
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