Patna High Court
Rajnish Kumar Oita @ Suraj KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner.
Summary
The petitioner sought regular bail in a case alleging kidnapping of a minor and offences under sections 137(2) of the BNS Act and sections 8 and 12 of the POCSO Act. The prosecution claimed the petitioner abducted the informant's minor daughter, but the victim’s statement under Section 180 of the CrPC indicated a consensual relationship and voluntary departure, asserting a marriage. The petitioner’s counsel argued innocence, lack of prior criminal record, and the victim’s refusal to undergo a medical examination. The informant testified that the parties had amicably settled the dispute, describing the incident as an elopement. Considering these circumstances, the court ordered the petitioner’s release on bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail should be granted in a case involving alleged kidnapping and offences under the POCSO Act.
- Whether the victim’s statement and the alleged settlement affect the necessity of continued custody.
Legislation cited
- Bihar Narcotic Substances (BNS) Act — s. 137(2)
- Code of Criminal Procedure, 1973 — s. 180
- Protection of Children from Sexual Offences (POCSO) Act — s. 12, 8
Subjects
- bail
- kidnapping
- POCSO
- minor
- settlement
- elopement
- criminal procedure
- victim statement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86281 of 2025
Arising Out of PS. Case No.-76 Year-2025 Thana- Mehendiya District- Arwal
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Rajnish Kumar Oita @ Suraj Kumar Son of Upendra Rajbhanshi Resident Of
Village - Chauri, P.S. - Daudnagar, Dist. - Aurangabad.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. X W/o Y R/o Village - Koni Kulti, P.S. - Mahendiya, Dist. - Arwal
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nityanand Neeraj, Advocate
For the Opposite Party/s : Mr.Narsingh Tanti, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
5 17-03-2026 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) of
the BNS and Sections 8 and 12 of the POCSO Act.
3. The case of the prosecution, in brief, is that the
petitioner has kidnapped the minor daughter of the informant.
During the course of investigation, the victim gave her
statement under Section 180, wherein she stated that she was in
a relationship with the petitioner and had voluntarily gone with
him, and that they had solemnized marriage.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
Patna High Court CR. MISC. No.86281 of 2025(5) dt.17-03-2026
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connection with the present case. It is further submitted that
during medical examination, the victim refused to undergo
internal examination. It is further submitted that the petitioner is
in custody since 04.09.2025 having no criminal antecedent.
5. Learned counsel for the informant is also present
and submits that the parties have amicably settled the dispute. It
is contended that the case essentially arises out of an elopement
and a romantic relationship between the parties.
6. Considering the aforesaid 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 Mahendiya P.S. Case No. 76 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
ADJ – VI cum Special Judge (POCSO) Act, Jehanabad.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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