Patna High Court
Suraj KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
Suraj Kumar was arrested in connection with a case alleging kidnapping of a minor girl, with charges under IPC sections 366(A), 504, 506, 34 and POCSO Act sections 4 and 7. The victim, now a mother of a ten‑year‑old child, testified that she voluntarily went with the petitioner, married him at age 16, and was never kidnapped or forced. The petitioner, who has no prior criminal record, sought regular bail. The State opposed the bail on the seriousness of the offences. Considering the victim’s voluntary statements and the petitioner’s lack of antecedents, the court ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether regular bail can be granted to an accused charged under IPC 366(A), 504, 506, 34 and POCSO Act 4, 7 in view of the victim’s voluntary testimony.
- Whether the victim’s statements negate the elements of kidnapping and other alleged offences.
Legislation cited
- Indian Penal Code — s. 34, 366A, 504, 506
- Protection of Children from Sexual Offences Act — s. 4, 7
Subjects
- regular bail
- kidnapping
- POCSO
- IPC
- minor
- voluntary marriage
- criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91150 of 2025
Arising Out of PS. Case No.-16 Year-2023 Thana- PARASBIGHA District- Jehanabad
======================================================
Suraj Kumar S/O Uday Yadav R/O Village- Mirganj, P.S- Shakurabad, Distt.-
Jehanabad.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. XX D/O YY R/O Village- Kindui, P.S- Parsbigha, Distt.- Jehanabad.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Birendra Kumar, Advocate
For the Opposite Party/s : Mr.Mukesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 28-01-2026 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 366(A),
504, 506 and 34 of the Indian Penal Code and under Sections 4
and 7 of the POCSO Act.
3. The case of the prosecution is that the petitioner
has kidnapped the minor daughter of the informant.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
connection with the present case. It is further submitted that
during the course of trial, the victim has been examined by the
prosecution, as P.W. 1 and in her examination-in-chief, she has
Patna High Court CR. MISC. No.91150 of 2025(3) dt.28-01-2026
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stated that she had gone with the petitioner of her own free will
and that they had solemnized marriage in a temple at Jehanabad.
She has further stated that at the time of marriage, she was
about about 16 years of age and thereafter, she went to her
matrimonial home. She has stated that she was living in her
matrimonial home and that out of said wed-lock child was born
who is now aged about 10 years Moreover, the petitioner is
languishing in judicial custody since 26.05.2025 having no
criminal antecedent.
5. During the course of hearing, the victim was
personally present with her baby and she reiterated that she had
solemnized marriage with the petitioner in her own free will. In
her cross-examination, she has stated that she had gone with the
petitioner voluntarily as her father was against this marriage and
had lodged the present case. In paragraph-7 of her deposition,
she has categorically stated that nobody had kidnapped her and
no one had established any forceful relationship with her.
6. Learned APP appearing for the state has
vehemently opposed the prayer of regular bail.
7. Considering the aforesaid facts and circumstances
of the case, this court is inclined to enlarge the petitioner on
bail. The above named petitioner is directed to be released on
Patna High Court CR. MISC. No.91150 of 2025(3) dt.28-01-2026
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bail in connection with Parasbigha P.S. Case No. 16 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
ADJ-VIth cum Special POCSO, Judge, Jehanabad.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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