Patna High Court
Chhotu KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
Chhotu Kumar was arrested on charges of kidnapping a minor girl, alleged under sections 126, 92, 115, 96, 352 and 351(2) of the BNS and section 8 of the POCSO Act. The prosecution claimed he abducted the informant's daughter, while the petitioner asserted his innocence, stating the victim later gave a statement under sections 180 and 183 of the BNS that she went with him voluntarily. The petitioner had been in judicial custody since 30‑09‑2025 and had no prior criminal record. The State opposed regular bail, but the court considered the victim’s voluntary statement, lack of antecedents, and the circumstances of the case. Consequently, the court ordered the petitioner’s release on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether regular bail can be granted to an accused of kidnapping a minor under the specified sections of the BNS and the POCSO Act.
- Whether the victim’s voluntary statement under sections 180 and 183 of the BNS negates the seriousness of the kidnapping allegation for bail purposes.
Legislation cited
Subjects
- regular bail
- kidnapping
- minor
- POCSO Act
- victim statement
- criminal procedure
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88602 of 2025
Arising Out of PS. Case No.-296 Year-2025 Thana- BANJARIA District- East Champaran
======================================================
Chhotu Kumar Son of Late Munna Majhi Resident of Village- Chailaha Tola,
Gaushala Mushahari Tola, P.S.- Banjariya, District- East Champaran, Motihari
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. X Son of Y Resident of Village- Chaila Tola Gosala Mushahari Tola, P.S.-
Banjariya, District- East Champaran, Motihari
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajesh Kumar, Advocate
For the Opposite Party/s : Mr.Manoj Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 11-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 126 92),
115 92), 96, 352, 351 (2) of the BNS and Section 8 of the
POCSO Act.
3. The case of the prosecution is that the petitioner
has kidnapped the minor daughter of the informant.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
connection with the present case. It is further submitted that
during the course of investigation, the victim has given her
Patna High Court CR. MISC. No.88602 of 2025(3) dt.11-02-2026
2/2
statement under Sections 180 and 183 of the BNS wherein she
has stated that she has gone with the petitioner on her own free
will. She has further stated that the petitioner had not kidnapped
her rather she herself had gone with him. Moreover, the
petitioner is languishing in judicial custody since 30.09.2025
having no criminal antecedent.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Considering the aforesaid facts and circumstances
of the case, this court is inclined to enlarge the petitioner on
bail. The above named petitioner is directed to be released on
bail in connection with Turkauliya Banjariya P.S. Case No. 296
of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand)
with two sureties of the like amount each to the satisfaction of
learned District and Sessions Judge cum Exclusive Special
Judge, POCSO Act, East Champaran, Motihari.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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