Patna High Court
Prince KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court allowed the petition for anticipatory bail, subject to conditions, under Section 438(2) CrPC read with Section 482(2) B.N.S.
Summary
Petitioner Prince Kumar sought anticipatory bail fearing arrest in a case registered under Sections 137(2), 351(2) and 3(5) of the B.N.S., alleging that he lured a minor girl for marriage. The prosecution alleged that the petitioner, together with another person, induced the informant's minor daughter to leave her home for the purpose of marriage. The petitioner contended that the relationship was consensual, the girl was about 17 years and 8 months old, and there was no evidence she was a minor; he also asserted a clean criminal record. The court examined the submissions and, applying Section 438(2) of the CrPC and Section 482(2) of the B.N.S., granted anticipatory bail subject to strict conditions including surety, personal appearance, and verification of antecedents. The order emphasized that the bail conditions are not to be delayed for verification and that the observations made are not binding during trial.
Issues considered
- Whether anticipatory bail should be granted in a case involving alleged abduction of a minor for marriage under Sections 137(2), 351(2) and 3(5) of the B.N.S.
- Whether the age of the alleged victim and the claim of consent affect the grant of anticipatory bail.
- Whether Section 438(2) CrPC and Section 482(2) B.N.S. empower the court to impose conditions on anticipatory bail.
Legislation cited
- B.N.S. — s. 137(2), 3(5), 351(2), 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- minor
- consent
- marriage
- Section 137
- Section 351
- Section 3
- Criminal Procedure Code
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2593 of 2026
Arising Out of PS. Case No.-113 Year-2025 Thana- GAUNAHA District- West Champaran
======================================================
Prince Kumar Son of Sunil Chaudhary R/o Village - Parsa, P.S.- Gaunaha,
Dist.- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gyan Prakash, Advocate
For the Opposite Party/s : Mr. Satya Nand Shukla, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner apprehends his arrest in connection with
Gaunaha P.S. Case No. 113 of 2025 registered for the offences
under Sections 137(2), 351(2) and 3(5) of the B.N.S.
3. As per the prosecution story, the allegation against
the petitioner is that he, along with another person, lured away
the minor daughter of the informant for the purpose of
marriage.
4. Learned counsel for the petitioner submits that the
petitioner has falsely been implicated in the present case. It is
submitted that the petitioner and the daughter of the informant
were in love and that the daughter of the informant had gone
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with the petitioner out of her own sweet will. It has further
been submitted that the victim was examined by the police,
wherein she disclosed that she had gone with the petitioner on
her own free will and had also performed marriage with him. It
is next submitted that there is nothing on record to suggest that
the victim is a minor, however, even from the statement, the
victim was about 17 years and 8 months aged at the time of
occurrence. It has lastly been submitted that the petitioner
carries clean antecedent.
5. Learned APP for the State has vehemently opposed
the prayer for anticipatory bail.
6. Considering the aforesaid submission, facts and
circumstances of the case, let the petitioner above named be
released on anticipatory bail, in the event of arrest or surrender
before the learned Court below within a period of four weeks
from today, on furnishing bail bonds of Rs.10,000/-(ten
thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor court in connection with Gaunaha P.S. Case
No. 113 of 2025 subject to the conditions as laid down under
Section 438(2) of the Code of Criminal Procedure read with
corresponding Section 482(2) of B.N.S.S. as well as subject to
Patna High Court CR. MISC. No.2593 of 2026(2) dt.28-01-2026
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the following conditions:-
(i) One of the bailors of the petitioner shall be his
close relative.
(ii) The petitioner shall remain physically present
in Court on each date of the trial.
(iii) In case of absence on two consecutive dates,
or in violation of the terms of the bail, the bail
bond of the petitioner will be liable to be cancelled
by the Court concerned.
(iv) If the petitioner is found involved in similar
nature of offence in future, the prosecution shall be
at liberty to move for cancellation of his bail
bond.
(v) The learned Court below shall verify the
criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has
concealed his criminal antecedent, the court below
shall take step for cancellation of bail bond of the
petitioner. However, the acceptance of bail bonds
in terms of the above-mentioned order shall not be
delayed for purpose of or in the name of
verification.
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7. Accordingly, the prayer for anticipatory bail is
allowed.
8. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
aditya/-
U
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