Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to the petitioner subject to a bond of Rs. 10,000 and two sureties.
Summary
Rahul Kumar was arrested in connection with Barachatti police case No. 124 of 2025, alleged to have abducted the minor daughter of an informant under Sections 87 and 137(2) of the Bharatiya Nyaya Sanhita. The petitioner contended that he was falsely implicated and that the girl had voluntarily eloped with him. The State opposed the bail, arguing the seriousness of the alleged abduction of a minor. The court examined the victim's statement indicating an elopement and considered the bail criteria under the new code. It ordered the release of the petitioner on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to the satisfaction of the Special Judge. The order was limited to the bail application and did not prejudice the merits of the trial.
Issues considered
- Whether bail should be granted to the accused in an alleged abduction of a minor under Sections 87 and 137(2) of the Bharatiya Nyaya Sanhita
Legislation cited
- Bharatiya Nyaya Sanhita — s. 137(2), 87
Subjects
- bail
- abduction
- minor
- Bharatiya Nyaya Sanhita
- criminal procedure
- POCSO
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8781 of 2026
Arising Out of PS. Case No.-124 Year-2025 Thana- BARACHATTI District- Gaya
======================================================
Rahul Kumar S/O Pradeep Gupta R/O Vill.- Chauriya,P.S- Barachatti,Dist-
Gaya ji
... ... Petitioner/s
Versus
1. The State of Bihar
2. X S/O Bifan Chaudhari R/O Vill.- Chauriya,P.S- Barachatti,Dist- Gaya ji
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arvind Kumar Singh, Advocate
For the State : Mr.Jai Narain Thakur, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 31-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Barachatti P.S. Case No. 124 of 2025 registered for the offence
punishable under Sections 87 and 137(2) of the Bharatiya
Nyaya Sanhita.
3. As per the prosecution case, the petitioner is said to
have abducted the minor daughter of the informant.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. The petitioner is in custody since 15.06.2025.
5. Learned APP appearing for the State opposes the
prayer for regular bail of the petitioner.
Patna High Court CR. MISC. No.8781 of 2026(3) dt.31-03-2026
2/2
6. From the statement of the victim girl, it appears that
she has eloped with the petitioner.
7. Considering the aforesaid facts and circumstances
of the case and submissions of learned counsel for the parties,
let the petitioner, above named, be released on bail on furnishing
bail bonds of Rs. 10,000/- (ten thousand) with two sureties of
the like amount each to the satisfaction of the learned Exclusive
Special Judge, POCSO -cum- Additional Sessions Judge-VII,
Gayaji/ concerned Court in connection with Barachatti P.S. Case
No. 124 of 2025.
8. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U T
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