Patna High Court
Golten Paswan @ Golten Kumar @ Gulten KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The court conditionally ordered pre‑arrest bail, subject to verification of the victim’s statement and the petitioner’s criminal antecedent.
Summary
Golten Paswan, a 21‑year‑old, was charged under IPC sections 366A and 34 and POCSO Act sections 7 and 8 for allegedly kidnapping the 15‑year‑old daughter of an informant with the intention of marrying her. He applied for pre‑arrest bail, contending that the victim’s statement recorded under Section 164 CrPC shows she fled voluntarily and that his age, clean record and natural adolescent attraction should be considered. The State opposed the bail. The High Court, referring to the Madras High Court decision in Vijayalakshmi v. State (2021), directed the District Court to verify the victim’s statement and the petitioner’s criminal antecedent; if the victim confirms a consensual relationship and no other cases are found, the petitioner may be released on bail with a bond of Rs 10,000 and two sureties, subject to conditions under Sections 438(2) and 482(2) CrPC. The bail application was disposed with the conditional order.
Issues considered
- Whether pre‑arrest bail can be granted in a case involving alleged kidnapping and sexual offences under IPC 366A/34 and POCSO Act 7/8.
- Whether a victim’s voluntary statement under Section 164 CrPC negates the prosecution’s case for bail denial.
- Whether the petitioner’s age, psychological development and clean antecedent justify bail.
- Whether the existence of other criminal cases against the petitioner affects bail eligibility.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 164, 438(2), 482(2)
- Indian Penal Code — s. 34, 366A
- Protection of Children from Sexual Offences Act — s. 7, 8
Subjects
- pre‑arrest bail
- kidnapping
- child sexual offence
- POCSO Act
- IPC 366A
- consent
- age factor
- Section 164 statement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15089 of 2026
Arising Out of PS. Case No.-296 Year-2023 Thana- SANGRAMPUR District- East
Champaran
======================================================
Golten Paswan @ Golten Kumar @ Gulten Kumar, Son of Bachalal Paswan
R/o Village - Nandpur, P.S. - Sangrampur, Dist. - East Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXX Son of Y R/o Village - Nandpur, P.S. - Sangrampur, Dist. - East
Champaran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anil Kumar, Advocate.
For the Opposite Party/s : Mr.Mohammed Arif, APP.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 25-03-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Sangrampur P.S. Case No. 296 of 2023 registered for the
offence punishable under Section 366A/34 of the Indian Penal
Code and Sections 7/8 of the POCSO Act.
3. As per the allegation made in the FIR, petitioner
had kidnapped the minor daughter of the informant with an
intention to marry with her.
4. Learned counsel appearing on behalf of the
petitioner submitted that the petitioner is innocent and he has
falsely been implicated in the case. As per the impugned order,
Patna High Court CR. MISC. No.15089 of 2026(2) dt.25-03-2026
2/3
the victim in her statement recorded under Section 164 Cr.P.C.
has stated that she had fled away with the petitioner voluntarily.
Learned counsel further submits that the petitioner has just
emerged as an adult being aged about 21 years and the victim is
aged about 15 years and at this stage, natural attraction for the
opposite sex cannot be denied coupled with the several
psychological and physiological change person undergo. The
petitioner has clean antecedent. On these grounds, the petitioner
seeks to be released on pre-arrest bail.
5. Learned APP for the State has vehemently opposed
the prayer for grant of pre-arrest bail to the petitioner.
6. Considering the rival submissions made on behalf
of the parties, as well as, the nature of allegation made in the
FIR and the petitioner, who is 21 years old, has just emerged as
an adult, going through psychological, physiological, as well as,
biological changes and infatuation and attraction for the
opposite sex is natural and he may be unaware of the rigors of
his wrong doing. Consideration in this regard can be made in
light of the law laid down by the Madras High Court in the case
of Vijayalakshmi & Anr. vs. State Rep. by the Inspector of
Police & Anr. reported in (2021) SCC OnLine Mad 317.
Learned District Court is directed to verify the statement of the
Patna High Court CR. MISC. No.15089 of 2026(2) dt.25-03-2026
3/3
victim recorded under Section 164 Cr.P.C. and if it is found that
she has admitted the relationship with the petitioner and has not
supported the prosecution story, then in that case, the petitioner
is directed to be released on pre-arrest bail, in the event of his
arrest or surrender before the Court below within a period of
four weeks from today, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) with two sureties of the like amount each to the
satisfaction of learned 6th District and Additional Sessions Judge
cum Exclusive Special Judge, POCSO Act, Motihari, East
Champaran in connection with Sangrampur P.S. Case No. 296
of 2023, subject to the condition as laid down under Section
438(2) Cr.P.C / 482(2) BNSS.
7. The District Court is directed to verify the criminal
antecedent of the petitioner and if it is found that the petitioner
is involved in some other cases as what has been stated in Para-
3 of the bail petition, this order will automatically lose its force.
8. The bail application stands disposed of.
(Purnendu Singh, J)
mantreshwar/-
U T
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