Patna High Court
Dharmendra Kumar @ Dharmendra RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner, subject to conditions, after finding insufficient material to justify denial.
Summary
The petitioner, Dharmendra Kumar, sought anticipatory bail in a case (Bela P.S. Case No. 113 of 2020) alleging kidnapping of a minor under IPC sections 365, 366, 366A and Section 4 of the POCSO Act. The prosecution alleged that the petitioner, along with co‑accused, abducted the informant’s daughter, but the victim’s statement under Section 164 of the Cr.P.C. did not name him and there were no eyewitnesses. The petitioner argued that he was falsely implicated due to personal enmity, highlighted a two‑day delay in filing the FIR, and pointed out his clean criminal record. The State and the informant opposed the bail, but the court noted the absence of the petitioner’s name in the victim’s statement, the grant of anticipatory bail to another co‑accused, and the conviction of the main accused. Considering these factors, the court granted anticipatory bail with a bond of Rs.10,000 and two sureties, subject to cooperation with investigation and verification of any concealed criminal antecedent.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the allegations under IPC and the POCSO Act.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 164
- Indian Penal Code — s. 365, 366, 366A
- Protection of Children from Sexual Offences Act — s. 4
Subjects
- anticipatory bail
- kidnapping
- POCSO
- IPC
- criminal antecedent
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8977 of 2026
Arising Out of PS. Case No.-113 Year-2020 Thana- BELA District- Sitamarhi
======================================================
Dharmendra Kumar @ Dharmendra Rai S/O Late Ram Sagar Rai R/O
Village- Sirsiya, P.S.- Bela, Disrict- Sitamarhi.
... ... Petitioner/s
Versus
1. The State of Bihar
2. X S/O Y R/O Village- Sirsiya Bazar, Ward No.6, P.S- Bela, Distt.- Sitamarhi.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Kant Singh, Adv
For the State : Mr. Md. Ataur Rahman, APP
For the Informant : Mr. Ayush Kumar, Adv
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
3 22-04-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Bela P.S. Case No. 113 of 2020, registered for the offence
punishable under Sections 365, 366, 366A of IPC and Section 4
of POCSO Act.
3. The case of the prosecution, in short, as per the
informant is that the petitioner along with other co-accused
persons named in the FIR kidnapped the informant’s minor
daughter.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence. He
has falsely been implicated in the present case due to enmity
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and village politics. There is no eye witness to the alleged
occurrence and the victim in her statement u/s 164 Cr.P.C. has
not named the petitioner. He further submits that there is a delay
of two days in filing the FIR and the petitioner has no criminal
antecedent.
5. Learned A.P.P. for the State and learned counsel for
the informant oppose the prayer of anticipatory bail.
6. Perused the statement of the victim under Section
164 of the Cr.P.C. In the said statement, the victim has not
named the petitioner. Another co-accused Sangita Devi has
already been granted anticipatory bail vide order dated
12.02.2026 passed in Cr. Misc. No. 312 of 2026. It is also
informed by learned counsel for the informant that the main
accused Mukesh Kumar has already been convicted. The
petitioner also does not bear any criminal antecedent.
Considering all these aspects of the matter, this Court is inclined
to grant privilege of anticipatory bail to the petitioner.
7. Let the petitioner, named above, in the event of his
arrest or surrender before the Court below within four weeks
from today, be released on bail on furnishing bail bond of
Rs.10,000/- (Ten thousand) with two sureties of the like amount
each to the satisfaction of the learned C.J.M., Sitamarhi in
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connection with Bela P.S. Case No. 113 of 2020, subject to the
conditions laid down under section 482(2) of the Bharatiya
Nagarik Suraksha Sanhita, 2023 and subject to the further
condition that:-
(i) the petitioner shall co-operate in the
investigation/trial.
(ii) the learned Court would, however, verify the
criminal antecedent of the petitioner and in case it is found that
the petitioner has concealed his criminal antecedent, the Court
below shall take step for cancellation of bail bond of the
petitioner. However, it is expected that the verification process
would be done expeditiously without causing any delay.
(Alok Kumar Sinha, J)
kiran/-
U T
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