Bambam Kumar v. The State of Bihar
Case brief
What is this about?
Regular bail petition before the High Court of Judicature at Patna (Criminal Miscellaneous No.4381 of 2025), decided 01-07-2025 by Hon'ble Mr. Justice Rudra Prakash Mishra. Petitioner Bambam Kumar sought bail in Amdanda P.S. Case No. 50 of 2024, Bhagalpur, booked under Sections 366A and 34 IPC and Section 4 of the POCSO Act for allegedly taking away a minor on the false pretext of marriage. Counsel for the petitioner pleaded innocence, delay of one day in lodging the F.I.R., absence of specific allegations in the victim's Section 161 and Section 164 Cr.P.C. statements (which, per counsel, speak of a love affair and a voluntary trip to Patna and marriage), an unsupportive medical report, clean antecedents and custody since 13.07.2024; the A.P.P. and the Informant's counsel opposed, citing the serious nature of the offence, the victim's minority, the charge-sheet under Sections 363, 366, 366A, 376 IPC and Section 4/6 POCSO Act, cognizance taken, and the petitioner's name in the F.I.R. The Court declined bail solely on the nature and gravity of the offence and directed the court below to expedite the trial. Keywords: bail rejected, POCSO, minor victim, Sections 366A/366/363/376 IPC, false pretext of marriage, judicial custody, expedite trial, Bhagalpur.