Patna High Court
Mukesh Kumar @ Mukesh GiriversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner on condition of a Rs.10,000 bond with two sureties.
Summary
The petitioner, Mukesh Kumar, sought bail in a case involving multiple serious offences under the Indian Penal Code, the POCSO Act, and the Prevention of Immoral Trafficking Act, stemming from an alleged kidnapping and trafficking of a minor. The prosecution alleged that the minor was abducted, taken to Nepal, sold to the petitioner, and later married, with the FIR filed three months after the alleged incident. The petitioner’s counsel argued that he was falsely implicated, highlighted the delay in filing the FIR, and contended that the victim’s statement under Section 164 was made under influence and did not name him. The State opposed bail, citing the gravity of the charges. After hearing both sides, the court considered the lack of prior criminal record, the circumstances of the victim’s testimony, and the procedural aspects, and decided to grant bail on condition of a bond and sureties.
Issues considered
- Whether the petitioner is entitled to bail despite charges under IPC, POCSO and the Prevention of Immoral Trafficking Act.
- Whether the three‑month delay in lodging the FIR affects the grant of bail.
- Whether the victim’s statement recorded under Section 164 of the Cr.P.C. is reliable for bail considerations.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 164
- Indian Penal Code — s. 120B, 363, 366A, 368, 370, 370A, 376
- Prevention of Immoral Trafficking Act — s. 3, 4, 5, 6, 7(ii)(c)
- Protection of Children from Sexual Offences Act — s. 4, 8
Subjects
- bail
- Indian Penal Code
- POCSO Act
- child trafficking
- kidnapping
- criminal procedure
- Section 164 statement
- court discretion
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88659 of 2025
Arising Out of PS. Case No.-5 Year-2020 Thana- TURKAULIYA District- East Champaran
======================================================
Mukesh Kumar @ Mukesh Giri S/o Ramekbal Giri R/o Village- Murtiya,
P.S.- Adapur, District- East Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. Yogendra Mahto S/o Dhanai Mahto R/o Village- Bhela Chapra, P.O. and
P.S.- Turkauliya, District- East Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Parth Gaurav, Advocate
For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
4 19-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Turkauliya P.S. Case No. 05 of 2020 registered for the
offence punishable under Sections 363 & 366A of the Indian
Penal Code and later on Section 368, 370, 370A, 376 & 120B of
Indian Penal Code, under Sections 4 & 8 of the POCSO Act and
under Sections 3, 4, 5, 6, 7(ii)(c) of the Prevention of Immoral
Trafficking Act has been added.
3. The case of the prosecution, in short, is that in
September 2019, the minor daughter of the informant was
missing. The informant searched her but in vain. The informant
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came to know that his neighbour Jira Devi has kidnapped the
minor daughter for the purpose of solemnizing her marriage
with somebody. After that this case was filed on 03.01.2020.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. Learned counsel for the petitioner has further submitted
that as per the FIR, the date of occurrence is of some date of
September 2019. The FIR was filed on 03.01.2020, i.e. after
more than three months. There is no explanation of delay in
lodging of the FIR. From perusal of the FIR it is not clear as to
from whom the informant came to know that Jira Devi has
kidnapped his daughter.
5. Learned counsel for the petitioner has further
submitted that during course of investigation victim was
recovered and she has given her statement under Section 164 of
the Cr.P.C. and she has stated that Bhanu Yadav and Jira Devi
took her to Nepal and there they sold her to the petitioner in
Rs.1,00,000/-. She was being assaulted by the petitioner and she
was again transferred to somebody else and her marriage was
solemnized with Kundan Giri. Learned counsel for the
petitioner has further submitted that in this case, the trial of Jira
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Devi was conducted and in that case the victim of this case has
deposed as PW-4 and she has stated in her examination-in-chief
that as she was scolded by her parents for studies, she went to
Kathmandu, Nepal. She has went there alone. Nobody else has
gone with her. She stayed there for six months. She does not
know as to where did she stayed and the owner of the house
arranged her meals. When her father came to know about her,
she was called from there. Learned counsel for the petitioner has
further submitted that in her deposition she has not named any
person who has kidnapped her. Learned counsel for the
petitioner has further submitted that the deposition of the victim
in that case goes to show that she has given her statement under
Section 164 of the Cr.P.C. in some influence which is also clear
from her statement in her cross-examination. Learned counsel
for the petitioner has further submitted that the petitioner is
having no criminal antecedent and he is in judicial custody since
23.10.2025.
6. Learned APP appearing for the State has
vehemently opposed the application for bail.
7. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
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petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the court of
learned 6th District and Session Judge-cum-Exclusive Special
Judge, POCSO Act, East Champaran, Motihari in connection
with Turkauliya P.S. Case No. 05 of 2020.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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