Patna High Court
Anil Singh @ Munni SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The petitioners are entitled to bail as the allegations against them are not specific and there is insufficient evidence of their direct involvement.
Summary
The petitioners, Anil Singh and Reni Devi, parents of alleged kidnapper Abhishek Kumar, applied for bail in a case (Harsidhi P.S. Case No.667 of 2025) involving offences under Sections 140(3), 137(2), 351 and 3(5) of the B.N.S. and Sections 8 and 12 of the POCSO Act. The prosecution alleged that the petitioners were involved in the kidnapping of two minor daughters of an informant, relying on statements of the victims that implicated several persons including the petitioners. The defence argued that the allegations against the petitioners were vague, that the FIR primarily targeted Abhishek Kumar, and that there was no specific charge sheet against the parents. The court noted the conflicting statements of the victims and the lack of direct evidence linking the petitioners to the kidnapping. Considering the circumstances, the court found that the petitioners were not directly implicated and that their continued detention was unwarranted. Consequently, the court ordered that the petitioners be released on bail upon furnishing a bond of Rs.10,000 with two sureties each.
Issues considered
- Whether the petitioners can be granted bail despite charges of kidnapping and offences under the POCSO Act.
- Whether the evidence on record specifically implicates the petitioners in the alleged kidnapping.
- Whether the nature of the allegations against the petitioners is sufficiently specific to justify denial of bail.
Legislation cited
Subjects
- bail
- kidnapping
- POCSO Act
- minor victim
- criminal procedure
- conflicting statements
- evidence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87900 of 2025
Arising Out of PS. Case No.-667 Year-2025 Thana- HARSIDHI District- East Champaran
======================================================
1. Anil Singh @ Munni Singh, Son of Udre Singh @ Uday Narayan Singh,
Resident of Village - Bada Harpur, P.S. - Harsidhi, Distt. - East Champaran.
2. Reni Devi @ Renu Devi, Wife of Anil Singh @ Munni Singh, Resident of
Village - Bada Harpur, P.S. - Harsidhi, Distt. - East Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar
2. XX Wife of Dillip Singh, Resident of Village - Bada Harpur, P.S. - Harsidhi,
Distt. - East Champaran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Mr. Manoj Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 18-03-2026 Heard learned counsel for the petitioners, learned
counsel for the informant and learned APP for the State.
2. The petitioners have prayed for bail in connection
with Harsidhi P.S. Case No.667 of 2025 registered for the
offence punishable under Sections 140(3), 137(2), 351 and 3(5)
of B.N.S. and Sections 8 and 12 of the POCSO Act.
3. The case of the prosecution, in short, is that the minor
daughter of the informant was being kidnapped and for that
Hardishi P.S. Case No. 540 of 2025 was filed. In that case, the
minor daughter of the informant has given her statement under
Section 183 of the B.N.S.S. on 17.09.2025 and the victim was
handed over to the informant. It is further alleged that Abhishek
Patna High Court CR. MISC. No.87900 of 2025(3) dt.18-03-2026
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Kumar was handing over a mobile to the daughter of the informant
on 26.09.2025. It was objected by the family members. On
27.09.2025, two daughters were kidnapped by Abhishek Kumar
and the petitioners.
4. Learned counsel appearing on behalf of the
petitioners has submitted that petitioners are innocent and have
committed no offence. Learned counsel for the petitioners has
submitted that admittedly two cases were filed for the kidnapping
of minor daughter of the informant. In first case, the victim has
given her statement under Section 183 of the B.N.S.S. and has
stated that her mother used to abuse and scold her. She went with
Sunny Kumar and with him went to Delhi and Keral and has also
solemnized marriage with Sunny. She lived at Keral for a month
with Sunny. It has further been submitted that in this case, there is
allegation that two daughters were kidnapped and the statement of
both the victims is different on the point of kidnapping. It has also
been submitted that from perusal of the F.I.R. itself it is clear that
main thrust of allegation is against Abhishek Kumar whereas the
petitioners are parents of Abhishek. There is no specific allegation
against them. They have falsely been implicated in this case only
because they are the parents. Learned counsel for the petitioner has
further submitted that in any view of the matter, the nature of
allegation against these petitioners is general and omnibus. They
Patna High Court CR. MISC. No.87900 of 2025(3) dt.18-03-2026
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are languishing in judicial custody since 30.09.2025.
5. Countering this, learned counsel for informant and
learned APP for the State have vehemently opposed the bail and
have submitted that in present case, one of the victims has stated
that Sunny Kumar, Anil Singh, Bullet Singh and Pritam Singh
have kidnapped them and his sister was taken to Jaipur. She has
further stated that earlier a case was filed against Sunny Kumar
and Anil Singh whereas the other victim has stated the same thing
as she has stated in Harsidhi P.S. Case No. 540 of 2025.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioners on bail. The above named
petitioners are directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) each with two
sureties of the like amount each to the satisfaction of the learned
6th District & Additional Sessions Judge-cum-Exclusive Special
Judge, POCSO Act, East Champaran, Motihari, Bihar in
connection with Harsidhi P.S. Case No.667 of 2025.
(Ashok Kumar Pandey, J)
lata/-
U T
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