Patna High Court
Niraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that bail should be granted despite the serious nature of the offences.
Summary
The petitioner, Niraj Kumar, applied for bail in a criminal case (Halsi P.S. Case No. 180 of 2025) involving alleged abduction of a minor girl. The prosecution alleged offences under Sections 137(2), 96, 64(1) of the Bihar Narcotic Substances Act, Sections 4 and 6 of the Protection of Children from Sexual Offences (POCSO) Act, and Section 9 of the Prohibition of Child Marriage Act. The victim’s statement indicated a consensual relationship with the petitioner, which the court considered while evaluating the bail application. The petitioner had been in custody since 23 July 2025. After hearing counsel for both sides, the court allowed the bail application, directing release on a bond of Rs. 10,000 with two sureties of the same amount. The order was pronounced by Justice Sandeep Kumar.
Issues considered
- Whether bail can be granted in a case involving offences under the Bihar Narcotic Substances Act, POCSO Act, and Prohibition of Child Marriage Act.
- Whether the alleged consensual relationship between the petitioner and the minor affects the grant of bail.
- Whether the period of custody and nature of the allegations justify denial of bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 137(2), 64(1), 96
- Prohibition of Child Marriage Act, 2006 — s. 9
- Protection of Children from Sexual Offences Act, 2012 — s. 4, 6
Subjects
- bail
- abduction
- POCSO
- child marriage
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87959 of 2025
Arising Out of PS. Case No.-180 Year-2025 Thana- HALSI District- Lakhisarai
======================================================
Niraj Kumar S/o- Umesh Yadav R/v- Gerua Pur Sanda Ps- Halsi Dist-
Lakhisarai
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. XXX S/o- YYY R/v- Gerua Ps- Halsi Dist- Lakhisarai
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bipin Kumar
For the Opposite Party/s : Mr.Sanjay Kumar Tiwary
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 24-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Halsi P.S. Case No. 180 of 2025 registered for the offence under
Sections 137(2), 96, 64(1) of the BNS, under Sections 4, 6 of
the POCSO Act and under Section 9 of the Prohibition of Child
Marriage Act.
3. As per the prosecution case, the petitioner is
said to have abducted the victim.
4. The petitioner is in custody since 23.07.2025
and from the statement of the victim girl, it appears that the
victim girl was in relationship with the petitioner.
5. Considering the aforesaid facts, this application
Patna High Court CR. MISC. No.87959 of 2025(5) dt.24-03-2026
2/2
is allowed.
6. 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 Halsi P.S. Case No. 180 of 2025.
(Sandeep Kumar, J)
Vikas/-
U
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