Patna High Court
Mithlesh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Criminal Procedure Code — s. 164
- Indian Penal Code — s. 307, 323, 34, 341, 366(A), 504
- Protection of Children from Sexual Offences Act — s. 4, 8
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
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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
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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/-
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