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Patna High Court

Suraj KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, subject to conditions, under Section 482(2) of the BNSS.

Summary

The petitioner, Suraj Kumar, sought anticipatory bail after being implicated in a case registered under Sections 96 and 137 of the Bharatiya Nyaya Sanhita and Sections 8 and 12 of the POCSO Act for allegedly abducting a 17‑year‑old girl. The petitioner claimed a clean antecedent and argued that the victim’s statement, recorded under Section 183 BNSS, indicated she left voluntarily, later married the petitioner, and was of the age of discretion. The State opposed the bail, contending the seriousness of the offences. The court examined the victim’s statement, the applicability of the age‑of‑discretion rule, and the provisions of Section 482(2) BNSS. It concluded that the petitioner's arrest would not serve a useful purpose and granted anticipatory bail subject to monetary and surety conditions.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the Bharatiya Nyaya Sanhita in a case involving alleged offences under Sections 96 and 137 BNSS and Sections 8 and 12 of the POCSO Act.
  • Whether the victim’s statement, indicating voluntary departure and marriage, negates the prosecution’s case.
  • Whether the victim, being 17 years 11 months old, falls within the age of discretion for the offences under the POCSO Act.

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • BNSS
  • POCSO Act
  • age of discretion
  • false implication
  • kidnapping

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36989 of 2026
                      Arising Out of PS. Case No.-76 Year-2026 Thana- BARUN District- Aurangabad
                 ======================================================
                 Suraj Kumar S/o Munna Paswan R/o Village - Dighi, P.S - Barun, District -
                 Aurangabad

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    XXXX W/o YYYY R/o Village - Dighi, P.S - Barun, District - Aurangabad

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms.Mukul Kumari
                 For the Opposite Party/s :       Mr.Surendra Prasad Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   15-06-2026               1.    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 offences punishable under Sections 96 and 137

                   of the Bharatiya Nyaya Sanhita and Sections 8 and 12 of the

                   POCSO Act.

                             3.    Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and the informant

                   alleges that on 14-2-2026 at about 12:30 pm, her daughter aged

                   about 17 years went out of the house for attending call of nature

                   but did not return, thereafter a search was made and the

                   informant came to know that Suraj and Nikhil had taken the

                   victim away on a motorcycle with the help of their parents.
Patna High Court CR. MISC. No.36989 of 2026(2) dt.15-06-2026
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                   4.     Learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case by the

          informant. It is next submitted that the victim was recovered and

          her statement was recorded under Section 183 BNSS, wherein

          she has not supported the case of the prosecution rather has

          stated that she left her house on 14-2-2026 without disclosing to

          anyone and went to Raigarh and on 10-3-2026 she called Suraj

          to Raigarh and they got married in a temple, further that she was

          in love with Suraj for the last four years. It is also submitted that

          date of birth of the victim is 3-3-2008 as such on the date of

          occurrence she was 17 years 11 months and 11 days old. It is

          thus submitted that victim had reached the age of discretion. It is

          reiterated and submitted that since the victim has not supported

          the case of the prosecution as such no useful purpose would be

          served by sending the petitioner to jail.

                   5.     Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                   6.     Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the

          event of his arrest or surrender within a period of six weeks

          from today, be released on anticipatory bail on furnishing bail

          bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties
              Patna High Court CR. MISC. No.36989 of 2026(2) dt.15-06-2026
                                                          3/3




                        of the like amount each to the satisfaction of the learned trial

                        court where the case is pending/successor court in connection

                        with Barun P.S. Case No. 76 of 2026, subject to the conditions

                        as laid down under Section 482 (2) of the BNSS.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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