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Patna High Court

Chhotu kumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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
                                            2/3




          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.
           Patna High Court CR. MISC. No.11514 of 2026(3) dt.09-04-2026
                                                       3/3




                                  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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