Patna High Court
Lav Kush KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The Court granted anticipatory bail to the petitioner.
Summary
Lav Kush Kumar, an 18‑year‑old with no prior criminal record, was apprehended for alleged offences under Sections 96 and 3(5) of the Bharatiya Nyaya Sanhita in PS Chautham Case No. 299 of 2025. The petitioner claimed that the alleged victim voluntarily accompanied him and married him, and her statement was recorded under Section 183 of the BNSS. The State opposed his bail. Considering the petitioner’s young age, the voluntary nature of the victim’s statement, and the circumstances, the Court granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs 20,000 with two sureties, subject to conditions under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioner accused under Sections 96 and 3(5) of the Bharatiya Nyaya Sanhita given the victim’s voluntary statement under Section 183 and the petitioner’s age.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 183, 3(5), 482(2), 96
Subjects
- anticipatory bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- victim statement
- Section 183
- Section 482
- age of accused
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13114 of 2026
Arising Out of PS. Case No.-299 Year-2025 Thana- CHAUTHAM District- Khagaria
======================================================
Lav Kush Kumar, S/o Siyaram Singh Village- Sakarohar, Ward No. 12, P.S.-
Beldour, District- Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amit Prakash, Advocate
For the Opposite Party/s : Mr. Shyam Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 26-02-2026 Heard learned counsel for the Petitioner and
learned APP for the State.
2. The petitioner apprehends his arrest in connection
with Chautham P.S. Case No. 299 of 2025 dated 08.11.2025
registered for the offences punishable under Sections 96 and
3(5) of the Bharatiya Nyaya Sanhita.
3. Mr. Amit Prakash, learned counsel appearing for
the petitioner, submits that the petitioner is an eighteen-year-old
young person having no criminal antecedent. In fact, there was a
love affair between the petitioner and the so-called victim girl.
The said victim girl has recorded her statement under Section
183 of the BNSS, in which she categorically stated that of her
own sweet will and on account of her love affair with the
petitioner, she voluntarily went with him and further solemnized
Patna High Court CR. MISC. No.13114 of 2026(2) dt.26-02-2026
2/2
marriage with him. In this regard, statements have been made in
paragraphs 12 and 13 of the petition.
4. Learned APP appearing for the State has opposed the
prayer for bail of the petitioner.
5. In the facts and circumstances of this case,
considering the aforesaid submissions and the pleas taken by the
petitioner in his petition, particularly the victim girl’s statement
recorded under Section 183 of the BNSS, as detailed by the
petitioner’s counsel and mentioned in paragraphs 12 and 13 of
the petition, coupled with the petitioner’s young age, this Court
is inclined to grant him the relief of anticipatory bail.
Accordingly, let the petitioner named-above, in the event of his
arrest or surrender before the learned Court below within a
period of six weeks from today, be released on anticipatory bail
on furnishing bail bond of Rs. 20,000/- (Rupees Twenty
Thousand) with two sureties of the like amount each to the
satisfaction of the Court concerned in connection with
Chautham P.S. Case No. 299 of 2025, subject to the conditions
as laid down under Section 482(2) of the BNSS.
(Shailendra Singh, J)
maynaz/-
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