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Patna High Court

Mithlesh KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court ordered the release of the petitioner on regular bail with a bond and sureties.

Summary

Mithlesh Kumar applied for regular bail in a case involving offences under IPC sections 341, 323, 504, 307, 366(A), 34 and POCSO Act sections 4 and 8, alleging kidnapping of a minor. The prosecution alleged that Abhishek Kumar kidnapped the minor, while the victim’s statement under Section 164 of CrPC indicated that both Abhishek and the petitioner had merely confined her in a room and released her the next morning. The petitioner’s counsel argued that he had no criminal antecedent, was in custody since 16‑10‑2025, and that the co‑accused had already been granted bail. The State opposed the bail on the seriousness of the charges. After hearing both sides, the High Court granted regular bail to the petitioner on a bond of Rs.10,000 with two sureties, directing compliance with the conditions set by the Special Judge of the POCSO Act.

Issues considered

  • Whether the petitioner is entitled to regular bail despite charges of kidnapping and offences under the POCSO Act.
  • Whether the victim’s statement and the lack of additional allegations against the petitioner justify bail.
  • Whether the grant of bail to a co‑accused influences the bail decision for the petitioner.

Legislation cited

Subjects

  • regular bail
  • kidnapping
  • POCSO Act
  • IPC
  • Criminal Procedure
  • minor
  • common intention
  • bail application

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88714 of 2025
                  Arising Out of PS. Case No.-509 Year-2023 Thana- CHIRAIYA District- East Champaran
                 ======================================================
                 Mithlesh Kumar Son of Ramyash Sahani Resident of village - Sonrapur,
                 Jhagrua Chhati, P.S.- Kesariya, District - East Champaran

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Indu Devi Wife of Asharfi Sahani Resident of village - Godhiya, P.S.-
                 Sikarganj, District - East Champaran

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Manoj Kumar, Advocate
                 For the Opposite Party/s :       Mr. Bharat Lal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

5   19-03-2026                     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 341, 323,

                   504, 307, 366(A) and 34 of the IPC and Sections 4 and 8 of the

                   POCSO Act.

                                3. The case of the prosecution is that one Abhishek

                   Kumar has kidnapped the minor daughter of the informant.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Learned

                   counsel      for    the    petitioner     has    submitted       that    during

                   investigation, the victim was recovered and she has given her
Patna High Court CR. MISC. No.88714 of 2025(5) dt.19-03-2026
                                            2/3




          statement recorded under Section 164 of CrPC wherein she has

          stated that Abhishek Kumar and this petitioner have caught her

          when she had gone to ease herself and closed her in a room. In

          morning, she was released by their mothers. From the statement

          of the victim, it is clear that only allegation against this

          petitioner and one Abhishek is that they have caught the victim

          and have taken her to their house and closed her in a room.

          Learned counsel has submitted that from perusal of the FIR, it is

          clear that as per the case of the prosecution, one Abhishek has

          kidnapped the minor daughter of the informant whereas during

          investigation, the story of the prosecution has been developed

          and name of this petitioner has also been impleaded. Learned

          counsel has further submitted that the victim has been recovered

          on next morning and there is no any other allegation against this

          petitioner. He has further submitted that Abhishek Kumar has

          been granted bail by learned trial court itself. Moreover, the

          petitioner is languishing in judicial custody since 16.10.2025

          having no criminal antecedent.

                       5. Learned APP appearing for the State has

          vehemently opposed the prayer of regular bail.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this court is
            Patna High Court CR. MISC. No.88714 of 2025(5) dt.19-03-2026
                                                        3/3




                      inclined to enlarge the petitioner on bail. The above named

                      petitioner is directed to be released on bail in connection with

                      Chiraiya (Shikarganj) P.S. Case No. 509 of 2023 on furnishing

                      bail bond of Rs.10,000/- (ten thousand) with two sureties of the

                      like amount each to the satisfaction of learned 6 th District and

                      Additional Sessions Judge cum Exclusive Special Judge,

                      POCSO Act, East Champaran, Motihari.



                                            (Ashok Kumar Pandey, J)
shubham/-

U     T


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