Patna High Court
Sachin KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that bail must be granted as the victim’s withdrawal and allegation of a false complaint removed the justification for continued detention.
Summary
The petitioner, Sachin Kumar, was arrested in connection with a case registered under multiple sections of the BNS and Section 4 of the POCSO Act, alleged to have abducted a minor girl. He had been in custody since 21 August 2025. During the bail hearing, the victim testified that she did not support the prosecution’s case and claimed her mother had filed a false complaint. The prosecution’s case relied on the alleged abduction, but the victim’s withdrawal raised doubts about the veracity of the charges. Considering the victim’s statement and the lack of corroborative evidence, the court allowed the bail application. The petitioner was ordered to be released on bail upon furnishing a bond of Rs 10,000 with two sureties of equal amount.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences alleged under the BNS and POCSO Act.
- Whether the victim’s withdrawal of support and claim of a false complaint justify release on bail.
Legislation cited
Subjects
- bail
- abduction
- POCSO
- false complaint
- victim withdrawal
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87113 of 2025
Arising Out of PS. Case No.-262 Year-2025 Thana- PATEPUR District- Vaishali
======================================================
Sachin Kumar S/o Sanjay Singh Resident of Village- Gaara, P.S.- Patepur,
District- Vaishali
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. X W/o Y R/o Village- Gaara, P.S.- Patepur, District- Vaishali
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nidhi Anand
For the Opposite Party/s : Mr.Umanath Mishra
Mr. Shyam Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 19-03-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned APP for the State.
2. The petitioner seeks bail in connection with
Patepur P.S. Case No. 262 of 2025 registered for the offence
under Sections 126(2), 127(2), 140(1), 329(3), 65(1) and 3(5) of
the BNS, under Section 4 of the POCSO Act.
3. As per the prosecution case, the petitioner is
said to have abducted the victim.
4. The petitioner is in custody since 21.08.2025.
5. The victim girl has not supported the prosecution
case and she has said that her mother had filed a false case.
6. Considering the aforesaid facts, this application
is allowed.
Patna High Court CR. MISC. No.87113 of 2025(4) dt.19-03-2026
2/2
7. Let the petitioner, above named, be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned concerned Court below, where the case is pending,
in connection with Patepur P.S. Case No. 262 of 2025.
(Sandeep Kumar, J)
Vikas/-
U
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