Santu @ Rocky Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75064 of 2025 Arising Out of PS. Case No.-161 Year-2025 Thana- DULHIN BAZAR District- Patna ====================================================== Santu @ Rocky Kumar S/O Late Sakaldeo Yadav Resident of village- Kopa (singhara), P.S.- Dulhin Bazar, Dist- Patna ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Taleshwar Yadav S/O Laldesh Yadav Resident of village- Dharamchak, P.O.- Sadaweh, P.S.- Dulhin Bazar, Dist- Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar, Adv.
For the State :
Mr.Surendra Prasad Singh, APP For the OP No.2 :
Mr. Rakesh Kumar, Adv.
====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 13-02-2026 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the opposite party no.2.
2. A prayer for bail has been made on behalf of the petitioner in connection with Spl. (POCSO) Case No. 230 of 2025 arising out of Dulhin Bazar P.S. Case no.161 of 2025 registered under sections 137(2) and 96 of BNS, 2023.
3. Allegation in the F.I.R is that petitioner kidnapped the informant's daughter for the purpose of marriage.
4. Learned counsel for the petitioner submits that the present case arises out of love relationship between the petitioner and the victim. After the recovery of the victim, her
Patna High Court CR. MISC. No.75064 of 2025(4) dt.13-02-2026 2/3 statement was recorded under Section 183 of BNSS wherein she has stated that she left her house on account of the fact that her mother was assaulting her and had even taken away her mobile phone. She further states that, in a fit of anger, she had gone to Naubatpur on her own and upon coming to know that her parents had lodged the present case, she returned and thereafter went to Dulhin Bazar Police Station along with the petitioner. Learned counsel for the petitioner submits that there is no allegation what-so-ever of any assault of wrong doing and there is no sign of recent sexual assault. The petitioner is in custody since 10.07.2025 and has no criminal antecedent. He undertakes to cooperate in the case/trial.
5. The application for bail is opposed by learned A.P.P. for the State as also learned counsel for the opposite party no.2 on the ground that the petitioner had allured the victim and had taken her away.
6. Taking into consideration the aforesaid facts and circumstances of the case and also considering the statement of the victim given under Section 183 of BNSS and not putting any allegation on the petitioner coupled with the fact that petitioner is in custody since 10.07.2025 and charge-sheet has been submitted in the case, the petitioner is directed to be enlarged on
Patna High Court CR. MISC. No.75064 of 2025(4) dt.13-02-2026 3/3 bail in connection with Spl. (POCSO) Case No. 230 of 2025 arising out of Dulhin Bazar P.S. Case no.161 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 Court concerned where the case is pending/successor Court.
(Soni Shrivastava, J) Harsh/- U T