Chhotu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11514 of 2026 Arising Out of PS. Case No.-72 Year-2025 Thana- KATORIYA District- Banka ====================================================== Chhotu kumar Son of Kapil Das @ Kapil Kumar Das Resident of Village - Chitrasen, P.S.- Belhar, District - Banka ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Sarita Devi Wife of Upendra Das Resident of Village - Chitrasen, P.S.- Belhar, District - Banka ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md. Nurul Hoda, Advocate For the Opposite Party/s :
Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 09-04-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in connection with Katoriya P.S. Case No. 72 of 2025 registered for the offence punishable under Sections 96, 3(5) of the B.N.S., 2023.
3. The case of the prosecution, in short, is that the petitioner has kidnapped the minor daughter of the informant.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. During the course of investigation, the victim has given her statements recorded under Sections 180 and 183 of the
Patna High Court CR. MISC. No.11514 of 2026(3) dt.09-04-2026 2/3 BNSS. In her statement recorded under Section 183 of the BNSS, she has stated that she had gone to her grandmother's house, from where the petitioner took her to Giridih and solemnized marriage in a room. It is further stated that the petitioner's sister called her, took away her mangalsutra, wiped off the vermilion, and instructed her to state before the police that no marriage had taken place. However, in her statement recorded under Section 180 of the BNSS, she has stated that she had gone to her grandmother's house as her marriage was forcefully fixed by her parents. She further stated that she went to Deoghar on her own.
Learned counsel further submits that there is a major contradiction between the statements of the victim recorded under Sections 180 and 183 of the BNSS. The statement under Section 180 is her previous statement. Moreover, even from the statement recorded under Section 183 of the BNSS, it is clear that she herself had gone to her grandmother's house and from there, the petitioner has taken her to Giridih. He further submits that the petitioner is also of tender age and it is case of romantic relationship between two adolescents. Moreover, a statement has been made in para 3 of the petition that petitioner has no criminal antecedent and he is languishing in judicial custody since 15.10.2025.
Patna High Court CR. MISC. No.11514 of 2026(3) dt.09-04-2026 3/3
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-VI-cum-Special Judge, POCSO, Banka in connection with Katoriya P.S. Case No. 72 of 2025. (Ashok Kumar Pandey, J) Sudhanshu/- U T