Patna High Court
Ravikant KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner.
Summary
The petitioner, Ravikant Kumar, was accused of kidnapping under Section 96 of the Bharatiya Nyaya Sanhita after allegedly taking away a 17‑year‑old girl for marriage. The girl, in a statement recorded under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, denied being kidnapped and said she married the petitioner of her own free will. The trial court had assessed the victim's age as 17 years. The petitioner sought anticipatory bail, relying on the Patna High Court's decision in Sahebi Khatoon v. State (2010) which treats a girl aged 16‑17 as a major. The State opposed the bail. The court, considering the victim's voluntary statement and the precedent, granted anticipatory bail with a bail bond of Rs.10,000 and two sureties, subject to conditions under Section 482 of the B.N.S.S., 2023.
Issues considered
- Whether anticipatory bail can be granted in a kidnapping case where the alleged victim, aged 17, claims consent to marriage.
- Whether a girl aged between 16 and 17 is to be treated as a major for the purpose of granting bail, per the Sahebi Khatoon precedent.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 183, 482
- Bharatiya Nyaya Sanhita — s. 96
Subjects
- anticipatory bail
- kidnapping
- consent
- minor
- age of majority
- criminal procedure
- Section 96
- Section 183
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27344 of 2026
Arising Out of PS. Case No.-306 Year-2025 Thana- HULASGANJ District- Jehanabad
======================================================
Ravikant Kumar Son of Sharwan Paswan Resident of Village - Sinani, P.S.-
Belaganj, District - Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mrigendra Kumar, Advocate
For the Opposite Party/s : Mr. Satyendra Prasad, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 29-04-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence under Section 96 of the Bharatiya
Nyaya Sanhita.
3. Informant suspects that this petitioner took away
his daughter for the purpose of marriage, after alluring her.
4. The victim, in her statement recorded under Section
183 Bharatiya Nagarik Suraksha Sanhita, has denied factum of
kidnapping and stated that she left her house out of her own will
and solemnized marriage with this petitioner on 02.09.2025. The
Trial Court has assessed the age of the victim, as 17 years.
Learned counsel for the petitioner, relying on an order of the
Division Bench of this Court dated 23.09.2010 in Cr.W.J.C.
Patna High Court CR. MISC. No.27344 of 2026(2) dt.29-04-2026
2/2
No. 991 of 2010 (Sahebi Khatoon @ Sahebi Versus State of
Bihar and other), submits that this Court has directed to treat a
girl as major in case her age assessed to be between 16 to 17
years.
5. Learned counsel for the State opposed the prayer
for anticipatory bail.
6. Considering the statement of the victim recorded
under Section 183 of B.N.S.S. and the law laid down by this
Court, the prayer for anticipatory bail of petitioner is allowed.
7. Accordingly, in the event of arrest/surrender before
the Court below within a period of eight weeks from today, let
the above named petitioner be enlarged on bail on furnishing
bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of learned Chief Judicial
Magistrate, Jehanabad in connection with Hulasganj P.S. Case
No. 306 of 2025, subject to condition as laid down under
Section 482 of the B.N.S.S., 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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