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Patna High Court

Saurav KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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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