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Patna High Court

Suraj KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioner.

Summary

Suraj Kumar was arrested on charges of kidnapping a minor girl, alleged under IPC sections 366A, 363, 376 and POCSO Act sections 4 and 6. The petitioner claimed he was falsely implicated, asserting that the victim voluntarily accompanied him and married him on 29 July 2024. The victim’s deposition supported this claim, stating the marriage was of her own free will. The petitioner had been in custody since 27 March 2025 and sought bail, while the State opposed the application. Considering the nature of the accusations, the period of custody, and the victim’s statement, the court ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether bail can be granted in a case involving alleged kidnapping, rape and offences under the POCSO Act.
  • Whether the victim’s voluntary statement and claim of marriage negate the seriousness of the charges for bail purposes.
  • Whether the petitioner’s claim of false implication warrants bail despite the pending charges.

Legislation cited

Subjects

  • bail
  • kidnapping
  • rape
  • POCSO
  • IPC
  • false implication
  • minor
  • marriage

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87489 of 2025
                     Arising Out of PS. Case No.-165 Year-2024 Thana- DHARHARA District- Munger
                 ======================================================
                 Suraj Kumar Son of Shambhu Mandal Resident of Village- Pachrukhi, P.O.-
                 Itwa, P.S.- Dharahra, Dist.- Munger
                                                                       ... ... Petitioner/s
                                                     Versus
           1.     The State of Bihar
           2.     Mother of Victim X Wife of Ram Sharan Mandal Resident of Village- Itwa,
                  P.O.- Itwa, P.S.- Dharahra, District- Munger
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Jyoti Ranjan Jha
                 For the Opposite Party/s :      Mr. Pawan Kumar Chaurasia
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   30-01-2026                   Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks bail in a case registered for

                   offence under Sections 366A of the I.P.C. and later on, Sections

                   363, 376 of the I.P.C. and Sections 4, 6 of the POCSO Act.

                                3. As per F.I.R., this petitioner is alleged to have

                   kidnapped minor daughter of informant.

                                4. Learned counsel for the petitioner submits that

                   petitioner has been falsely implicated in this case. The victim, in

                   her deposition, has denied the factum of kidnapping and

                   specifically stated that she, out of her own sweet will, went with

                   this petitioner and solemnized marriage at Dashrathpur Shivalay

                   Temple on 29.07.2024.                Petitioner is in custody since

                   27.03.2025.
           Patna High Court CR. MISC. No.87489 of 2025(2) dt.30-01-2026
                                                       2/2




                                  5. Learned A.P.P. for the State opposes the prayer for

                     bail.

                                  6. Considering the nature of accusation and period of

                     custody, let the above named petitioner 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 learned

                     Exclusive       Special      Judge,      POCSO       Act-cum-District   &

                     Additional Sessions Judge – VI, Munger in connection with

                     Dharhara P.S. Case No. 165 of 2024.



                                                   (Prabhat Kumar Singh, J)
anay

U      T


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