Patna High Court
Chhotu kumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner.
Summary
The petitioner, Chhotu Kumar, was arrested in connection with a kidnapping case involving the minor daughter of an informant, alleged under Sections 96 and 3(5) of the B.N.S., 2023. The victim gave two recorded statements: one under Section 183 stating she was taken to Giridih and a marriage was solemnised, and another under Section 180 describing a forced marriage and her own travel to Deoghar, creating a material contradiction. The petitioner, who is of tender age, claimed the incident was a consensual adolescent relationship and asserted no prior criminal record, having been in judicial custody since 15‑10‑2025. The State opposed bail, citing the seriousness of the offence. After hearing both sides, the Court found the contradictions and the petitioner's age sufficient to justify bail and ordered his release on a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to bail despite the alleged kidnapping and alleged forced marriage of a minor.
- Whether the contradictions in the victim's statements under Sections 180 and 183 of the B.N.S. affect the bail decision.
- Whether the petitioner's tender age and lack of prior criminal record warrant bail.
Legislation cited
- B.N.S. — s. 180, 183, 3(5), 96
Subjects
- bail
- kidnapping
- minor
- contradictory statements
- tender age
- B.N.S.
- Section 180
- Section 183
- POCSO
Judgment
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
3 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
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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.
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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
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