Patna High Court
Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court granted bail to the petitioner, subject to a bond and sureties, considering the consensual relationship and marriage.
Summary
The petitioner, Chandan Kumar, was arrested in a case alleging that he enticed a minor girl, the informant’s daughter, and later married her. The FIR listed offences under Sections 137(2), 96, 352, 351(2), 3(5) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) and later added Section 8 of the POCSO Act. The petitioner argued that the victim, in her statement under Section 183 BNSS, voluntarily went with him, married him, and now lives as his wife, a fact not contested by the opposite party. The court considered the consensual nature of the relationship, the marriage, and the statutory provisions governing bail. It ordered that the petitioner be released on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to conditions under Section 438(2) Cr.P.C. and Section 482(2) BNSS. The bail order was conditioned on surrender within four weeks if arrested.
Issues considered
- Whether bail can be granted to the accused in a case involving alleged offences under BNSS and the POCSO Act
- Whether the consent and subsequent marriage of the minor affect the applicability of the charges
- Whether the conditions under Section 438(2) Cr.P.C. and Section 482(2) BNSS are satisfied
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita (BNSS) — s. 137(2), 183, 3(5), 351(2), 352, 482(2), 96
- Criminal Procedure Code (Cr.P.C.) — s. 438(2)
- Protection of Children from Sexual Offences (POCSO) Act — s. 8
Subjects
- bail
- POCSO
- consent
- marriage
- child sexual abuse
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3122 of 2026
Arising Out of PS. Case No.-39 Year-2025 Thana- MAINATAND District- West Champaran
======================================================
Chandan Kumar S/o Sugriv Patel R/o Village- Rampurwa, PS- Mainatand,
Distt- West Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. X S/o Mahesh Das R/o vill - Rampurwa, ward no. 1, P.S.- Mainatand, Distt.-
West Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dharmesh Kumar Chaubey, Advocate
For the State : Mr. Zainul Abedin, APP
For the O.P. No.2 : Mr. Utpal Kant, Advocate
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State and learned counsel for the opposite party
no.2.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 137(2), 96,
352, 351(2), and 3(5) of the B.N.S. and later on Section 8 of the
POCSO Act was added.
3. The allegation in the First Information Report is
that the informant’s minor daughter was enticed away by the
petitioner.
4. Learned counsel for the petitioner submits that the
victim in her statement under Section 183 of the B.N.S.S. has
Patna High Court CR. MISC. No.3122 of 2026(2) dt.28-01-2026
2/2
admitted that she had gone along with the petitioner at her own
will and has even solemnized married with the petitioner and at
present both are living as husband and wife. This fact has not
been controverted by the learned counsel appearing on behalf of
the opposite party no.2.
5. Taking into consideration the facts and
circumstances and considering the fact that there was a love
relationship between the petitioner and the daughter of the
informant and further considering that they are now married and
staying together as husband and wife, let the above named
petitioner, be released on bail, in the event of his arrest or
surrender before the learned Court below within a period of four
weeks from today, on furnishing bail bond of Rs. 10,000/-
(Rupees 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 Mainatand
P.S. Case No. 39 of 2025, subject to the condition as laid down
under Section 438 (2) of the Cr.P.C/ Section 482 (2) of the
Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
(Soni Shrivastava, J)
anand/-
U T
Checking your session…