Patna High Court
Saurav KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The Court conditionally ordered the release of the petitioner on pre‑arrest bail, subject to verification of the victim’s statement and the petitioner’s criminal antecedent.
Summary
Saurav Kumar, a 22‑year‑old, was charged under Sections 87, 137(2) and 3(5) of the BNS for allegedly kidnapping a minor with the intention of marrying her. He applied for pre‑arrest bail, claiming innocence and arguing that his recent transition to adulthood and natural attraction should be considered. The State opposed the bail. The Court, noting the petitioner’s age, psychological factors, and a precedent from the Madras High Court, directed the District Court to verify the victim’s statement recorded under Section 183 BNSS and to check the petitioner’s criminal antecedent. If the victim’s statement supports the petitioner and no other cases are found, the petitioner is to be released on bail with a bond of Rs 10,000 and two sureties, subject to Sections 438(2) Cr.P.C. and 482(2) BNSS. The bail application was disposed with these conditions.
Issues considered
- The appropriateness of granting pre‑arrest bail to an accused of kidnapping a minor with intent to marry under Sections 87, 137(2) and 3(5) of the BNS.
- Whether the petitioner’s age and alleged psychological immaturity justify bail.
- Effect of the victim’s statement under Section 183 BNSS on the bail decision.
- Requirement to verify the petitioner’s criminal antecedent before finalizing bail.
Legislation cited
- Bihar Negotiable Substances (BNS) — s. 137(2), 3(5), 87
- Bihar Negotiable Substances (BNSS) — s. 183, 482(2)
- Criminal Procedure Code (Cr.P.C.) — s. 438(2)
Subjects
- pre‑arrest bail
- kidnapping
- minor
- intent to marry
- age factor
- psychological immaturity
- Section 183 statement
- conditional bail
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15120 of 2026
Arising Out of PS. Case No.-27 Year-2024 Thana- Amhara District- Lakhisarai
======================================================
Saurav Kumar aged about 22 years (male) Son of Mahendra Paswan, Resident
of Village - Naya Tola Janakpur Menora, P.S.- Amhara, District - Lakhisarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar Singh, Advocate
For the Opposite Party/s : Mr. Binod Kumar, A.P.P.
======================================================
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 Amhara P.S. Case No. 27 of 2024 registered for the offence
punishable under Section 87, 137(2) and 3(5) of the BNS.
3. As per the allegation made in the FIR, petitioner
along with other accused persons, 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,
the victim in her statement recorded under Section 183 BNSS
has stated that her parents had negotiated and fixed her marriage
with another person, due to which, she went out of her house.
Patna High Court CR. MISC. No.15120 of 2026(2) dt.25-03-2026
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Learned counsel further submitted that the petitioner has just
emerged as an adult being aged about 22 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 22 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
victim recorded under Section 183 of the BNSS 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,
Patna High Court CR. MISC. No.15120 of 2026(2) dt.25-03-2026
3/3
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 C.J.M., Lakhisarai, in
connection with Amhara P.S. Case No. 27 of 2024, 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)
Niraj/-
U T
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