Patna High Court
Bambam ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court granted regular bail to the petitioner subject to a bond and sureties.
Summary
The petitioner, Bambam Chaudhary, was arrested in connection with a case alleging kidnapping of a minor girl for marriage and multiple offences under the IPC, SC/ST (Prevention of Atrocities) Act and the POCSO Act. The prosecution’s case is based on the informant’s claim, but the alleged victim, now 21 years old, gave a statement under Section 183 of the Bihar Negotiable Settlement Scheme (B.N.S.S) indicating she wishes to live with the petitioner and did not support the charges. The petitioner contended that he was falsely implicated, has no prior criminal record, and has cooperated with the investigation. The State opposed bail, citing the seriousness of the offences and the victim’s refusal to undergo a medical examination. The court, noting the victim’s statement, the petitioner’s five‑month pre‑charge custody, and the filing of the charge‑sheet, ordered that regular bail be granted on a bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail should be granted to the accused in a case involving alleged kidnapping, rape, and offences under the SC/ST Act and POCSO Act.
- Whether the victim’s statement under Section 183 of the B.N.S.S. impacts the bail decision.
Legislation cited
- Indian Penal Code — s. 323, 34, 341, 366A, 376, 379
- POCSO Act — s. 4
- SC/ST (Prevention of Atrocities) Act — s. 3(1)(r), 3(1)(s), 3(1)(w), 3(2)(va)
Subjects
- bail
- kidnapping
- rape
- SC/ST Act
- POCSO Act
- minor
- false implication
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89544 of 2025
Arising Out of PS. Case No.-146 Year-2025 Thana- SHANKARPUR District- Madhepura
======================================================
Bambam Chaudhary Manoj Chaudhary R/O Village- Rampur, P.S-
Singheshwar, District- Madhepura
... ... Petitioner/s
Versus
1. The State of Bihar
2. X W/O Sakundev Ram R/O Vill.- Kolhuwa, Ward no.-06,P.S- Shankarpur,
Dist- Madhepura
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Deepak Kumar Singh, Advocate
For the Opposite Party/s : Mr. Sadanand Paswan, APP
Mr. Sanjay Kumar Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
4 01-04-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Shankarpur P.S. Case
no.146 of 2025 registered under sections 366A, 376, 341, 323,
379 and 34 of the Indian Penal Code, sections 3(1)(r), 3 (1)(s),
3(1)(w), 3 (2)(va) of the SC/ST Act and section 4 of the POCSO
Act.
3. As per the prosecution case, the informant states
that his minor daughter was kidnapped by the petitioner and 2 -3
others on the allurement of marriage.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case. The daughter
Patna High Court CR. MISC. No.89544 of 2025(4) dt.01-04-2026
2/3
of the informant who is major returned and her statement was
recorded under section 183 of the B.N.S.S wherein she has not
supported the prosecution case. The petitioner is in custody
since 31.10.2025 and has no criminal antecedent. He undertakes
to cooperate in the investigation/trial.
5. The application for bail is opposed by learned A.P.P
for the State. However, it is submitted that the daughter of the
informant refused to get herself medically examined.
6. Learned counsel for the informant appears and
submits that he is not opposing the application for bail of the
petitioner. Referring to the contents of the statement of the
daughter of the informant recorded under section 183 B.N.S.S,
it is submitted that the daughter of the informant who is 21 years
old has stated that she wants to live in her sasural and the
petitioner and the members of his family also want that she live
with them.
7. Having heard learned counsel for the parties and
taking into consideration the allegations in the FIR, the
statement of the victim under section 183 of the B.N.S.S
wherein she has been described as 21 years old, the petitioner
having remained in custody for over 5 months since 31.10.2025
and chargesheet having been submitted in the case, the
Patna High Court CR. MISC. No.89544 of 2025(4) dt.01-04-2026
3/3
petitioner is directed to be enlarged on bail in connection with
Shankarpur P.S. Case no.146 of 2025 on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned District &
Additional Sessions Judge-VI-cum-Special Judge, POCSO,
Madhepura.
(Partha Sarthy, J)
Shiv/-
U T
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