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Patna High Court

Soni Mahato @ Sunni KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioner has made out a prima facie case for anticipatory bail and is entitled to its grant.

Summary

The petitioner, Soni Mahato, was implicated in a case (Amhara P.S. Case No. 88 of 2025) under Sections 140(3) and 137(2) of the BNS for allegedly abducting the minor daughter of an informant with intent to marry her. The victim’s statement under Section 183 of the BNS, however, indicated that she voluntarily went with the petitioner and that their marriage was consensual, without any force or inducement. The petitioner, maintaining a clean antecedent, applied for pre‑arrest (anticipatory) bail, which the State opposed. The Court, relying on the victim’s voluntary statement and the Supreme Court’s observation in State of U.P. vs. Anirudh & Anr. that consensual relationships are a relevant factor in bail considerations, found a prima facie case for bail. Consequently, the Court directed the District Court to grant anticipatory bail upon furnishing a bail bond of Rs. 10,000 with two sureties, subject to Section 482 of the BNS and verification of the petitioner’s criminal antecedents.

Issues considered

  • Whether anticipatory bail should be granted when the alleged offence involves abduction of a minor but the victim claims a consensual relationship.
  • Whether the victim’s statement under Section 183 of the BNS can be given decisive weight in bail determination.
  • Whether the petitioner’s clean antecedent and the consensual nature of the relationship negate the necessity of pre‑arrest detention.

Legislation cited

  • BNS — s. 137(2), 140(3), 183, 482

Subjects

  • anticipatory bail
  • pre‑arrest bail
  • consensual relationship
  • abduction of minor
  • Section 183
  • Section 482
  • bail jurisprudence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4027 of 2026
                       Arising Out of PS. Case No.-88 Year-2025 Thana- Amhara District- Lakhisarai
                 ======================================================
                 Soni Mahato @ Sunni Kumar Son of Jito Mahato @ Jitan Mahato @ Jitendra
                 Mahato Resident of Village- Kachhiyaha, P.S.- Amhara, District- Lakhisarai

                                                                                     ... ... Petitioner/s
                                                         Versus
           1.    The State of Bihar
           2.    Bimla Devi Wife of Late Laxmi Mahto Resident of Village- Amhara, P.S-
                 Amhara, District- Lakhisarai.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Manoj Kumar Singh, Advocate
                 For the Opposite Party/s :        Mr.Surendra Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

3   01-04-2026                       Heard Mr. Manoj Kumar Singh, learned counsel

                   appearing on behalf of the petitioner and Mr. Surendra Prasad

                   Singh, learned APP appearing on behalf of the State.

                                2. The petitioner apprehends his arrest in connection

                   with Amhara P.S. Case No. 88 of 2025 registered under Sections

                   140(3) and 137(2) of the BNS.

                                3. As per the allegation made in the FIR, on

                   04.09.2025 the informant’s minor daughter went missing from

                   the market and it is alleged that she was enticed away by the

                   petitioner (Soni Mahato), and upon visiting his house, the

                   informant was allegedly abused and assaulted by the named

                   accused persons.
Patna High Court CR. MISC. No.4027 of 2026(3) dt.01-04-2026
                                            2/4




                       4. Learned counsel appearing on behalf of the

          petitioner submitted that the petitioner is innocent and he has

          falsely been implicated in the present case. The victim in her

          statements recorded under Section 183 of the BNSS has given

          information that she willingly married with the petitioner and

          they are living together. Both parties were in relationship for

          quite sometime and enjoyed each other’s company for months

          together and indulged in sexual act and as such, it cannot be said

          to be induced or involuntarily. The relationship was consensual.

          The petitioner has clean antecedent. On these grounds, the

          petitioner seeks to be released on pre-arrest bail.

                       5. Per contra, learned APP for the State vehemently

          opposed the prayer for grant of pre-arrest bail.

                       6. Having heard the submissions advanced on behalf

          of the parties and upon perusal of the materials available on

          record, it appears that the allegation against the petitioner is of

          abducting the minor daughter of the informant with an intent to

          marry her. However, it transpires from the statement of the

          victim recorded under Section 183 of the BNSS that she has

          categorically stated that she had voluntarily gone with the

          petitioner and solemnized marriage with him on her own,

          without any force, coercion or inducement. The parties were in a
Patna High Court CR. MISC. No.4027 of 2026(3) dt.01-04-2026
                                            3/4




          consensual love relationship prior to the alleged occurrence. It is

          well settled that the statement of the alleged victim is required

          to be given due weight and consideration.

                       7. In case of State of U.P. vs. Anirudh & Anr.

          reported in 2026 LiveLaw(SC)29, the Apex Court has observed

          that where the relationship between the parties appears to be

          consensual and founded on mutual affection, the same is a

          relevant factor to be borne in mind while considering matters

          relating to bail and prosecution. In the present case, the victim,

          in her statement, has indicated that she had accompanied the

          petitioner on her own. In such circumstances, I am of the

          opinion that the petitioner has, prima facie, made out a case to

          be released on pre-arrest bail

                       8. The learned District Court is directed to release the

          petitioner on anticipatory bail, in the event of his arrest or

          surrender before the learned District Court within a period of

          four weeks from today, on furnishing bail bond of Rs. 10,000/-

          (Ten thousand) with two sureties of the like amount each, to the

          satisfaction of learned District Court where the case is pending

          in connection with Amhara P.S. Case No. 88 of 2025, subject to

          the condition as laid down under Section 482 of the BNSS.

                       9. The learned District Court is directed to verify
           Patna High Court CR. MISC. No.4027 of 2026(3) dt.01-04-2026
                                                       4/4




                     the criminal antecedent of the petitioner, as stated in

                     paragraph no. 3 of the bail application. If any other case is

                     pending against the petitioner, as what has been stated in

                     paragraph no. 3, this order will lose its force automatically.



                                               (Purnendu Singh, J)
Ashishsingh/-
U      T


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