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Patna High Court

Lav Kush KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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/-

U     T


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