Patna High Court
Raman KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner, subject to bond and conditions prescribed under Section 480(3) of the BNSS.
Summary
The petitioner, Raman Kumar, was arrested in connection with a case alleging that he enticed away the 20‑year‑old daughter of an informant, violating Sections 96 and 137(2) of the Bharatiya Nyaya Sanhita, 2023. The informant claimed his daughter had gone missing, but the petitioner argued that the woman, then about 17 years old, voluntarily left her home, married him in Delhi, and gave birth to a child. The petitioner, who has a clean record and has been in custody since 8 March 2026, sought bail, contending that continued detention would deprive him of his wife and newborn child. The State opposed the bail. Considering the woman's age, the petitioner’s clean antecedent, and the circumstances, the court granted bail on a bond of Rs. 10,000 with two sureties and imposed conditions under Section 480(3) of the BNSS.
Issues considered
- Whether bail should be granted to the petitioner accused under Sections 96 and 137(2) of the Bharatiya Nyaya Sanhita, 2023 given the alleged age and consent of the woman involved
- Whether the petitioner’s clean antecedent and the circumstances of marriage and childbirth justify release on bail
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 137(2), 480(3), 96
Subjects
- bail
- criminal procedure
- Section 96 BNSS
- Section 137(2) BNSS
- Section 480(3) BNSS
- age of consent
- marriage
- childbirth
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30340 of 2026
Arising Out of PS. Case No.-157 Year-2025 Thana- KHAGAUL District- Patna
======================================================
Raman Kumar S/o Ram Sevak Raut Resident of Village - Fataki, P.S. -
Madhepur, Dist. - Madhubani(Bihar).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gajendra Kumar Singh, Advocate
For the Opposite Party/s : Mr. Uma Shankar Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 11-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Khagaul P.S. Case No. 157 of 2025 registered
for the alleged offences under Sections 96, 137(2) of Bharatiya
Nyaya Sanhita, 2023.
03. As per prosecution case, 20 years old daughter of
the informant went missing and the informant came to know
about the petitioner who might have enticed away the daughter
of the informant.
04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. In fact, the daughter of the informant was in love with the
petitioner and she wanted to marry with the petitioner but the
Patna High Court CR. MISC. No.30340 of 2026(2) dt.11-05-2026
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family members of the informant were not ready. Therefore, she
left her rented premises and went to Delhi with petitioner. The
daughter of the informant married with the petitioner in a temple
at Delhi and out of their wedlock, a male child has been born on
27.03.2026. The daughter of the informant has been residing in
her matrimonial home with the parents of the petitioner and the
Court released her on Zimmanama of the father of the petitioner.
The matriculation certificate of the daughter of the informant
shows she has attained majority and taking note of this fact, she
has been released in favour of the father of the petitioner. Even
on the date of occurrence, the daughter of the informant was
aged about 17 years and 3 ½ months according to her
matriculation certificate. However, from the Aadhar Card, her
date of birth is 13.05.2005 and she was aged about 20 years on
the date of occurrence. Learned counsel further submits that no
useful purpose would be served in keeping the petitioner in
custody as his custody would deprive him to company of his
wife and newly born child. The petitioner is having clean
antecedent and is in custody since 08.03.2026.
05. Learned APP for the State opposes the submission
made on behalf of the petitioner.
06. Having regard to the facts and circumstances and
Patna High Court CR. MISC. No.30340 of 2026(2) dt.11-05-2026
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submissions made on behalf of the parties and considering the
fact that the daughter of the informant was of age at which a girl
develops sufficient maturity and further considering the period
of custody of the petitioner and his clean antecedent, the
petitioner above named is directed to be released on bail on
furnishing bail bonds of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Additional Chief Judicial Magistrate-V, Danapur, Patna/court
concerned in connection with Khagaul P.S. Case No. 157 of
2025, subject to the conditions mentioned in Section 480(3) of
BNSS and the 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.
(iii) In case of absence on three 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.
(Arun Kumar Jha, J)
Ashish/-
U T
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