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IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6032 of 2026

Arising Out of PS. Case No.-843 Year-2025 Thana- BHABHUA District- Kaimur (Bhabua)

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Rakesh Kumar @ Rakesh Bind S/O Paras Bind Resident of Village -

Narotapur, P.S. - Bhabua, District - Kaimur, Bhabua

... ... Petitioner/s

Versus

1. The State of Bihar B

2. X W/O Shiv Prasad Bind Resident of Village - Narotapur, P.s. - Bhabua,

District - Kaimur, Bhabua

... ... Opposite Party/s

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Appearance :

For the Petitioner/s : Mr.Kumar Sunil, Advocate

Mr. Saharsh Shubham, Advocate

Mr. Utkarsh Shandilya, Advocate

For the Opposite Party/s : Mr.Bishweshwar Ram, APP

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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA

ORAL ORDER

2 04-02-2026 Heard learned counsel for the petitioner and learned

APP for the State.

02. In the present case, the petitioner seeks bail in

connection with POCSO Case No. 171 of 2025, arising out of

Bhabua P.S. Case No. 843 of 2025 initially registered for the

alleged offences under Section 96 of BNS, but, later on,

cognizance has been taken under Sections 137(2), 87, 64(1) of

BNS and Section 4 of the POCSO Act.

03. As per prosecution case, the minor daughter of

the informant went missing and the informant named the

petitioner, who took her away on pretext of solemnizing

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marriage with her.

04. Learned counsel for the petitioner submits that

the petitioner is a boy aged about 18 years and has got clean

antecedent. The victim girl has been recovered and her

statement has been recorded under Sections 180 and 183 of

BNSS. In her statement recorded before the police, she did not

allege any physical exploitation and rather stated that she was in

love with the petitioner, who was her co-villager. When she

came to know that the petitioner had been going to Delhi for

earning his livelihood, she herself left her house without

informing anyone. Although the petitioner has initially refused

to take her with him as she was adamant, both of them went to

Delhi and solemnized marriage in a temple. So it is evident that

the petitioner did not allure or use any force or pressure on her.

Learned counsel further submits that even the FIR has been

lodged after delay of two days without any satisfactory

explanation. The victim girl has refused to undergo medical

examination. The victim girl has returned and she is safe. The

petitioner is in custody since 19.10.2025 and charge sheet has

been submitted.

05. Learned APP opposes the submission made on

behalf of the petitioner. Learned APP submits that the consent of

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the minor is immaterial.

06. Having regard to the facts and circumstances

and submissions made on behalf of the parties and considering

the age of the petitioner and the statement of the victim girl

stated to be aged about 15 years, the age at which a girl

develops sufficient majority and also considering the period of

custody of the petitioner, his clean antecedent and submission of

charge sheet, the petitioner above named is directed to be

released on bail on furnishing bail bonds of Rs. 10,000/- (Ten

Thousand) with two sureties of the like amount each to the

satisfaction of learned Additional Sessions Judge-VI -cum-

Special Judge, POCSO Act, Kaimur at Bhabua/concerned Court

in connection with POCSO Case No. 171 of 2025, arising out of

Bhabua P.S. Case No. 843 of 2025, subject to the conditions

mentioned in Section 480(3) of B.N.S.S. and also the following

conditions :

(i) One of the bailors will be a close

relative of the petitioner.

(ii) The petitioner will remain present

on each and every date fixed by the

court below.

(iii) In case of absence on three

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consecutive dates or in violation of the

terms of the bail, the bail bond of the

petitioner will be lia