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Patna High Court

Mukesh Kumar @ Mukesh GiriversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
Patna High Court CR. MISC. No.88659 of 2025(4) dt.19-03-2026
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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
Patna High Court CR. MISC. No.88659 of 2025(4) dt.19-03-2026
                                            3/4




          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
            Patna High Court CR. MISC. No.88659 of 2025(4) dt.19-03-2026
                                                        4/4




                      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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