Patna High Court
Dhiraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted bail to the petitioner.
Summary
The petitioner, Dhiraj Kumar, was arrested in connection with a case registered under Section 137(2) and 96 of the Bihar Narcotic Substances Act and Sections 8 and 12 of the POCSO Act, alleged to have abducted the minor victim. He contended that he is innocent, has been in custody since 26-05-2025, and that he and the victim were in a consensual relationship and are married. The prosecution argued abduction, while the informant's counsel did not oppose the bail application. The court considered the facts, the nature of the offences, and the length of custody, and decided to grant bail. Accordingly, the petitioner was released on bail upon furnishing a bond of Rs.10,000 with two sureties of equal amount.
Issues considered
- Whether bail should be granted to the accused in a case involving alleged abduction and offences under the Bihar Narcotic Substances Act and the POCSO Act
Legislation cited
- Bihar Narcotic Substances Act — s. 137(2), 96
- Protection of Children from Sexual Offences (POCSO) Act — s. 12, 8
Subjects
- bail
- POCSO
- abduction
- criminal procedure
- Section 137(2) BNS
- Section 8 POCSO
- Section 12 POCSO
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88182 of 2025
Arising Out of PS. Case No.-78 Year-2025 Thana- Piplawa District- Patna
======================================================
Dhiraj Kumar S/o- Late Vijay Paswan R/v- Karnja PS- Piplawaan Dist-Patna
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Sanjay Kumar Chandravanshi S/o- Late Sita Ram Chandravanshi R/v-
Karnja PS- Piplawaan Dist-Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Kumar
For the Opposite Party/s : Mr.Gauri Shankar Gupta
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 24-03-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned APP for the State.
2. The petitioner seeks bail in connection with
Piplawan P.S. Case No. 78 of 2025 / Special POCSO Case No.
247 of 2025 registered for the offence under Section 137(2), 96
of the BNS and adding Section 8/12 of the POCSO Act.
3. As per the prosecution case, the petitioner is
said to have abducted the victim.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he in custody
since 26.05.2025. He further submits that the petitioner and the
victim were in relationship and they have got married also.
5. Learned counsel for the informant, though, has
Patna High Court CR. MISC. No.88182 of 2025(3) dt.24-03-2026
2/2
opposed the application of the petitioner but he also submits that
he has not instruction in this matter.
6. Considering the aforesaid facts and the period of
custody of the petitioner, this application is allowed.
7. 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 Piplawan P.S. Case No. 78 of 2025 / Spl.
POCSO Case No. 247 of 2025.
(Sandeep Kumar, J)
Vikas/-
U
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