Patna High Court
Kunal GiriversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court granted regular bail to the petitioner.
Summary
Kunal Giri was arrested in connection with a case alleging kidnapping of a minor girl, with charges under sections 126(2), 115(2), 352, 96, 3(5) of the B.N.S. and section 8 of the POCSO Act. The prosecution claimed the girl was abducted for marriage, while the victim’s statement under section 183 of the B.N.S.S. indicated she went voluntarily with the petitioner to Haridwar. The petitioner asserted innocence, a clean criminal record, and that he had been in custody since 6 September 2025. The State and the second opposite party opposed bail. The court, after considering the victim’s statement and the petitioner’s circumstances, ordered that bail be granted on a bond of Rs.10,000 with two sureties, and the application was allowed.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the offences alleged.
- Whether the victim’s statement recorded under section 183 of the B.N.S.S. is sufficient to justify bail.
- Whether the petitioner’s clean antecedent and custody duration affect the bail decision.
Legislation cited
Subjects
- regular bail
- kidnapping
- minor
- POCSO Act
- criminal procedure
- victim statement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89227 of 2025
Arising Out of PS. Case No.-330 Year-2025 Thana- SANGRAMPUR District- East
Champaran
======================================================
Kunal Giri S/o Late Krishna Giri Resident of Village - Vrita Mathiya,
Bhatwalia, P.S.-Sangrampur, District - East Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar
2. X S/o Y R/o Village - Vrita Mathiya, Bhatwalia, P.S - Sangrampur, District -
East Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhurendra Kumar, Advocate
For the State : Mr. Brajendra Nath Pandey, APP
For the O.P. No. 2 : Mr. Rajeev Ranjan, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 19-03-2026 Heard learned counsel for the petitioner, learned
counsel for the O.P. No. 2 and learned A.P.P for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Sangrampur P.S. Case
No. 330 of 2025 registered for the offences punishable u/s
126(2), 115(2), 352, 96 and 3(5) of the B.N.S. and Section 8 of
the POCSO Act.
3. As per the prosecution case, the petitioner is alleged
to have kidnapped the minor daughter of the informant on the
pretext of marriage.
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in
Patna High Court CR. MISC. No.89227 of 2025(3) dt.19-03-2026
2/2
this case. It has further been submitted that the statement of the
victim girl was recorded under Section 183 of B.N.S.S., wherein
she has clearly stated that she was not kidnapped rather she had
gone out of her own sweet will with the petitioner to Haridwar.
It is also submitted that the petitioner has clean criminal
antecedent and is in custody since 06.09.2025.
5. Learned APP for the State and learned counsel for
the O.P. No. 2 have vehemently opposed the prayer for bail of
the petitioner.
6. Considering the aforesaid submissions of the
parties and particularly the Statement of the victim recorded
under Section 183 of the B.N.S.S., let the petitioner above-
named, be enlarged on bail on furnishing bail-bonds of Rs.
10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned Court concerned, East
Champaran, in connection with Sangrampur P.S. Case No. 330
of 2025.
7. The application stands allowed.
(Praveen Kumar, J)
Jyoti/-
U T
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