Allowed¶23

Rupesh Prasad v. The State of Bihar

Patna HC24 Feb 2026CR. MISC./83391/2025

Case brief

AI extract

What is this about?

Bail confirmation, Patna High Court, Cr./Criminal Miscellaneous No.83391 of 2025, decided 24-02-2026, Soni Shrivastava, J.; minor-victim kidnapping/elopement case; PS Case No.-393 of 2025, P.S. Muffasil, West Champaran; offences under Sections 126(2), 87, 303(2), 352, 351(2), 3(5), 115(2), 137(2), 96, 64(1) B.N.S. and Sections 4/6 POCSO Act; victim's Section 183 B.N.S.S. statement; alleged 5-day FIR delay; medical report no injury/recent sexual assault; custody since 01.08.2025; no criminal antecedents; provisional bail of 03.12.2025 confirmed; opposite party no. 2 unrepresented despite service; APP opposed.

What did the court decide?

Provisional bail granted to the petitioner vide order dated 03.12.2025 stands confirmed; bail application allowed. ¶23

Rupesh Prasad Vs The State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2026)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.83391 of 2025

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Arising Out of PS. Case No.-393 Year-2025 Thana- MUFFASIL District- West Champaran

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Rupesh Prasad son of vidhya Prasad Resident of village - Rajapur paryagi, Po and Ps- Kotwa, Dist- East Champaran

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... ... Petitioner/s

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Versus

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The State of Bihar

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XXXX son of Bharat Sah Resident of village - Pipra Pakdi, Ps- Muffasil, Bettiah, Dist- West Champaran

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... ... Opposite Party/s

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======================================================

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Appearance :

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For the Petitioner/s : Mr.Shantanu Kumar For the Opposite Party/s : Mr.Dr.Mrityunjaya Kr.Gautam

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CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER

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3 24-02-2026

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Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. Despite valid service of notice, no one appears on behalf of the opposite party no. 2.

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The petitioner seeks bail in a case registered for the offence punishable under Sections 126(2), 87, 303(2), 352, 351(2), 3(5), 115(2), 137(2), 96, 64(1) of the B.N.S. and Sections 4/6 of the POCSO Act.

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Petitioner is said to have kidnapped the minor daughter of the informant.

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Learned counsel for the petitioner has submitted that there is an inordinate delay of all most 5 days in lodging the FIR. As a matter of fact, there appears to be some relationship between the victim and the petitioner and the action of the

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Patna High Court CR. MISC. No.83391 of 2025(3) dt.24-02-2026 2/2

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victim was completely voluntary in nature as would appear from the statement of the victim recorded Section 183 of the B.N.S.S. wherein she has admitted that she was in a love relationship with the petitioner, and she had eloped with the petitioner voluntarily to Patna and Delhi and that she wishes to go to the petitioner and her matrimonial household. Her age is stated as 17 years and is thus on the verge of majority. The medical examination report also does not indicate any injury or any recent evidence of sexual assault. Further, the petitioner is in custody since 01.08.2025 with no criminal antecedent.

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Learned APP for the State has opposed the application for bail.

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Taking into consideration the facts and circumstances and also considering the statement of the victim under Section 183 of the B.N.S.S., coupled with the fact that the petitioner has no criminal antecedent, the provisional bail granted to the petitioner vide order dated 03.12.2025 stands confirmed.

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(Soni Shrivastava, J)

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devendra/-

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U T

Rupesh Prasad v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Rupesh Prasad v. The State of Bihar

Case brief

What is this about?

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