Patna High Court
Suraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Indian Penal Code — s. 363, 366A, 376
- Protection of Children from Sexual Offences Act — s. 4, 6
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
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