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Patna High Court

Md. Rohan @ Rishav Raj @ RishavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that no case under Sections 366(A) and 34 IPC was made out and consequently granted bail to the petitioner.

Summary

The petitioner, Md. Rohan, was arrested in connection with a case under Sections 366(A) and 34 of the Indian Penal Code alleging that he enticed the minor daughter of an informant and married her. The petitioner contended that the girl was near the age of majority, left her home voluntarily, and subsequently married him, now living a happy married life, and that her statement under Section 164 CrPC corroborated this. The informant indicated that the matter had been compromised and she did not wish to pursue the case, while the State argued that the victim’s minority rendered any consent immaterial. The Court, considering the victim’s voluntary statement, the petitioner’s clean antecedent, and the compromise, held that no case under the cited IPC sections was made out and granted bail subject to conditions under Section 482(2) of the CrPC. The bail order required a bond of Rs.10,000 with two sureties and compliance with further conditions.

Issues considered

  • Whether the alleged conduct constitutes an offence under Sections 366(A) and 34 of the Indian Penal Code given the victim's age and alleged consent.
  • Whether the State's contention that a minor's consent is immaterial defeats the petitioner's claim of innocence.
  • Whether the compromise by the informant affects the prosecution's case.
  • Whether bail should be granted to the petitioner pending trial.

Legislation cited

Subjects

  • bail
  • kidnapping
  • minor
  • consent
  • IPC 366A
  • CrPC
  • compromise
  • marriage
  • victim testimony

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28930 of 2026
                   Arising Out of PS. Case No.-148 Year-2022 Thana- BEGUSARAI MUFFASIL District-
                                                        Begusarai
                 ======================================================
                 Md. Rohan @ Rishav Raj @ Rishav S/o Sanjay Singh Resident of Village -
                 Pakharia, P.S.- Town, District - Begusarai.

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Binod Kumar, Advocate
                                                 Mr. Amit Prakash, Advocate
                                                 Mr. Chitranjan Kumar, Advocate
                                                 Mr. Sushant Kumar, Advocate
                                                 Ms. Mona Verma, Advocate
                 For the Opposite Party/s :      Mr. Manoj Kumar, APP
                 For the Informant        :      Mr. Roop Kishan, Advocate
                                                 Mr. Arun Kumar Gupta, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   05-05-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State as well as learned counsel for the informant.

                                02. In the present case, the petitioner is apprehending

                   his arrest in connection with Begusarai Mufassil (Singhaul OP)

                   P.S. Case No. 148 of 2022 registered for the alleged offence

                   under Sections 366(A)/34 of the Indian Penal Code.

                                03. As per prosecution case, minor daughter of the

                   informant was enticed away by the petitioner with the help of

                   other co-accused persons.

                                04. Learned counsel for the petitioner submits that

                   petitioner is innocent and has been falsely implicated in this
Patna High Court CR. MISC. No.28930 of 2026(2) dt.05-05-2026
                                            2/3




          case. No case under Section 336(A)/34 of IPC is made out

          against the petitioner as the petitioner did not kidnap the victim

          nor persuaded her to leave her house. The victim girl was at the

          verge of majority and she left her house on her own and went

          away with the petitioner and solemnized marriage with him.

          Now the victim girl is major and she has been leading her

          maternal life with the petitioner happily. The statement of the

          victim girl was recorded under Section 164 CrPC wherein she

          also stated that she went on her own and has solemnized

          marriage with the petitioner at a temple in Katihar. Learned

          counsel further submits that co-accused Md. Saddab has been

          granted bail by a learned co-ordinate Bench vide order dated

          01.09.2022 passed in Criminal Misc. No. 27733 of 2022. The

          petitioner has got fair antecedent.

                       05. Learned APP for the State opposes the submission

          made on behalf of the petitioner. Learned APP submits that the

          victim being a minor girl, her consent is immaterial. Learned

          counsel appearing on behalf of the informant submits that the

          matter has been compromised and the informant does not want

          to pursue the matter considering the future of her daughter and

          the learned counsel concedes that the daughter of the informant

          has been leading a happy married life with the petitioner.
           Patna High Court CR. MISC. No.28930 of 2026(2) dt.05-05-2026
                                                       3/3




                                  06. Having regard to the facts and circumstances and

                     submission made on behalf of the parties and considering the

                     peculiar facts and clean antecedent of the petitioner, let the

                     petitioner above named, in the event of his arrest or surrender

                     before the court concerned within a period of eight weeks from

                     today, be released on bail, on furnishing bail bond of Rs.

                     10,000/- (Rupees Ten Thousand Only) with two sureties of the

                     like amount each to the satisfaction of learned Chief Judicial

                     Magistrate, Begusarai/court concerned in connection with

                     Begusarai Mufassil (Singhaul OP) P.S. Case No. 148 of 2022,

                     subject to the condition laid down under Section 482(2) of

                     BNSS and other following conditions:

                                        (i) One of the bailors will be a close relative of

                                        the petitioner.

                                        (ii) The petitioner will remain present on each

                                        and every date fixed by the court below, if so

                                        required by the learned trial court.



                                               (Arun Kumar Jha, J)
Ashish/-

U      T


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