Bittu Kumar Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77483 of 2025 Arising Out of PS. Case No.-81 Year-2025 Thana- KISHANPUR District- Supaul ====================================================== Bittu Kumar Jha S/O Bechan Jha R/O Village- Hisar Barhi, Ward No. 12, P.S.- Harlakhi, District- Madhubani ... ... Petitioner/s
Versus
1.
The State of Bihar Patna 2.
Lalita Devi W/O Sitaram Jha R/O Vill.- Bahuarwa, Ward No. 11, P.S.- Kisunpur, Dist.- Supaul ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Murari Narain Chaudhary, Advocate For the Opposite Party/s :
Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 23-02-2026 Heard learned counsel for the petitioner and learned APP for the State. Despite valid service of notice, none appears on behalf of the opposite party no.2.
2. The petitioner seeks bail in a case registered for the offence punishable under Sections 96, 3(5) of the B.N.S. and Section 7 of the POCSO Act.
3. As per the prosecution case, the informant alleged that the petitioner along with other co-accused persons kidnapped her daughter for the purpose of marriage.
4. Learned counsel for the petitioner submits that the present case arises out of a complaint, which was subsequently sent for institution of F.I.R. under Section 156(3)
Patna High Court CR. MISC. No.77483 of 2025(5) dt.23-02-2026 2/3 of the Cr.P.C.. It has been submitted that there is general and omnibus allegation on petitioner and other accused persons that they have kidnapped the victim girl for the purposes of marriage. It has been further submitted that the present case arises out of love relationship and the victim had left the house on her own volition and her statement under Section 183 of the B.N.S.S. indicates that she has not supported the case of the prosecution and has rather stated that she had performed love marriage with the petitioner at Delhi and they have been staying together as husband and wife at Pune. Her age has been assessed to be 17 years and 9 months, which is almost at the verge of majority and the petitioner is also a young boy aged about 23 years and is in custody since 09.09.2025 with no criminal antecedent.
5. Learned APP for the State opposed the grant of bail on the basis of allegations made in the First Information Report.
6. Taking into consideration the facts and circumstances and considering the statement of the victim under Section 183 of the B.N.S.S. and also considering her age, let the above named petitioner, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
Patna High Court CR. MISC. No.77483 of 2025(5) dt.23-02-2026 3/3 with two sureties of the like amount each to the satisfaction of the learned District and Additional Session Judge-cum-Special Judge, POCSO Act, Supaul/concerned Court below in connection with POCSO Case No.63 of 2025, arising out of Kishanpur P.S. Case No. 81 of 2025.
(Soni Shrivastava, J) anand/- U T