Patna High Court
Sagar KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner, finding insufficient proof of the victim’s minority and accepting her statement that she was not kidnapped.
Summary
The petitioner, Sagar Kumar, was charged under Section 140(3) of the BNS for allegedly kidnapping the minor daughter of an informant. The victim, however, gave a statement under Section 183 of the BNS claiming she was a friend of the petitioner, had married him, and lived with him, thereby contesting the kidnapping allegation. The informant opposed bail on the ground that the victim was a minor, but the court noted that the only age proof was a school certificate, which is not conclusive under Section 94 of the Juvenile Justice (Care and Protection of Children) Act. Considering the lack of reliable age evidence and the victim’s own statements, the court decided to grant regular bail to the petitioner. The bail was conditioned on a bond of Rs.10,000 with two sureties, subject to the satisfaction of the Additional District and Sessions Judge cum Special Judge (POCSO Act).
Issues considered
- Whether regular bail can be granted to an accused under Section 140(3) BNS when the alleged victim is a minor.
- Whether the age of the alleged minor victim can be established solely on a school certificate under the Juvenile Justice Act.
- Whether the victim’s statement under Section 183 BNS negates the kidnapping allegation.
Legislation cited
Subjects
- regular bail
- kidnapping
- minor
- age proof
- Juvenile Justice Act
- Section 140(3) BNS
- Section 183 BNS
- POCSO Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87098 of 2025
Arising Out of PS. Case No.-672 Year-2025 Thana- NAWADA District- Nawada
======================================================
Sagar Kumar S/O Sikender Paswan R/O Vill.- Islamnagar, P.S.- Chandradeep,
Dist.- Jamui
... ... Petitioner/s
Versus
1. The State of Bihar BIHAR
2. X W/O Kanhiya Pandey R/O Vill.- Godapur, P.S. and Dist.- Nawada.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kumar Vishoka Nand, Advocate
For the Opposite Party/s : Mr.Surendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 04-02-2026 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 140 (3) of
the BNS.
3. The case of the prosecution is that the petitioner
had kidnapped the minor daughter of the informant.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
connection with the present case. During the course of
investigation, the victim was recovered and she gave her
statement under Section 183 of the BNS wherein she has stated
that the petitioner is a friend of her brother-in-law and that she
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was on talking terms with him. She further stated that she
decided to marry the petitioner and that they solemnized their
marriage in the month of December, 2024 in a temple at Gaya.
As the petitioner belongs to a different caste, her family
members were not in favour of the relationship. She also stated
that she went to Chennai with the petitioner and lived there for
about one and a half months during which period they
established physical relations. Moreover, the petitioner is
languishing in judicial custody since 07.08.2025 having no
criminal antecedent.
5. Learned counsel appearing on behalf of the
Informant has opposed the prayer of regular bail stating that
victim is minor.
6. From a bare perusal of the materials available on
record, it appears that the victim refused to undergo medical
examination and with regard to her age, the Investigating
Officer of this case has relied only upon a certificate issued by
the Government School, Pandra, which is not a valid or
conclusive document under Section 94 of the Juvenile Justice
(Care and Protection of Children) Act.
7. Considering the aforesaid facts and circumstances
of the case, this court is inclined to enlarge the petitioner on
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bail. The above named petitioner is directed to be released on
bail in connection with Nawada Town P.S. Case No. 672 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 Additional District and Sessions Judge – VI cum Special
Judge (POCSO Act), Nawada.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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