Patna High Court
Vedbyas KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The court conditionally granted pre‑arrest bail, subject to verification of the victim’s statement and the petitioner’s criminal antecedent.
Summary
Vedbyas Kumar, a 21‑year‑old, was charged under Sections 96, 352/3(5) of the Bihar Negotiable Substances Act and Section 8 of the POCSO Act for allegedly kidnapping a 14‑year‑old girl with the intention of marrying her. The petitioner claimed innocence, asserting that the victim’s statement under Section 183 BNSS indicated a voluntary marriage. The State opposed pre‑arrest bail. The High Court, noting the petitioner’s age and natural attraction, referred to the Madras High Court decision in Vijayalakshmi v. State and directed the District Court to verify the victim’s statement and the petitioner’s criminal antecedent. If the victim’s statement confirms consent and no other cases are found, the petitioner is to be released on pre‑arrest bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 438(2) Cr.P.C. and Section 482(2) BNSS. The bail application was disposed of conditionally.
Issues considered
- Whether pre‑arrest bail should be granted in a case involving alleged kidnapping and sexual offences under the POCSO Act.
- Whether the victim’s statement of consent under Section 183 BNSS negates the seriousness of the charges for bail purposes.
- Whether the petitioner’s age and alleged psychological factors are relevant to the bail decision.
- Whether verification of the victim’s statement and the petitioner’s criminal antecedent can be made a condition precedent to bail.
Legislation cited
Subjects
- pre‑arrest bail
- kidnapping
- POCSO Act
- minor
- consent
- age factor
- conditional bail
- verification of statement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45696 of 2025
Arising Out of PS. Case No.-64 Year-2024 Thana- MAHUAWA District- East Champaran
======================================================
Vedbyas Kumar, Male, aged about 21 yrs., S/O Anutha Yadav, R/O Village-
Katakenwa, P.S- Mahuawa, Dist.- East Champaran, Motihari.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Bipin Yadav S/O Ramdayal Yadav R/O Katakenwa, P.S- Mahuawa, Distt.-
East Champaran, Motihari.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajesh Kumar, Advocate
For the Opposite Party/s : Mr.Pramod Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
5 21-01-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Mahuawa P.S. Case No. 64/2024 registered for the offence
punishable under Sections 96, 352/3(5) of the BNS and Section
8 of POCSO Act.
3. As per the allegation made in the FIR, petitioner
had kidnapped the minor daughter of the informant with an
intention to marry with her.
4. Learned counsel appearing on behalf of the
petitioner submitted that the petitioner is innocent and he has
falsely been implicated in the case. As per the impugned order,
Patna High Court CR. MISC. No.45696 of 2025(5) dt.21-01-2026
2/3
the victim in her statement recorded under Section 183 BNSS
has stated that she has solemnized marriage with the petitioner
out of her own will. Learned counsel further submits that the
petitioner has just emerged as an adult being aged about 21
years and the victim is aged about 14 years and at this stage,
natural attraction for the opposite sex cannot be denied coupled
with the several psychological and physiological change person
undergo. On these grounds, the petitioner seeks to be released
on pre-arrest bail.
5. Learned APP for the State has vehemently opposed
the prayer for grant of pre-arrest bail to the petitioner.
6. Considering the rival submissions made on behalf
of the parties, as well as, the nature of allegation made in the
FIR and the petitioner, who is 21 years old, has just emerged as
an adult, going through psychological, physiological, as well as,
biological changes and infatuation and attraction for the
opposite sex is natural and he may be unaware of the rigors of
his wrong doing. Consideration in this regard can be made in
light of the law laid down by the Madras High Court in the case
of Vijayalakshmi & Anr. vs. State Rep. by the Inspector of
Police & Anr. reported in (2021) SCC OnLine Mad 317,.
Learned District Court is directed to verify the statement of the
Patna High Court CR. MISC. No.45696 of 2025(5) dt.21-01-2026
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victim recorded under Section 183 of the BNSS and if it is
found that she has admitted the relationship with the
petitioner and has not supported the prosecution story, then
in that case, the petitioner is directed to be released on pre-
arrest bail, in the event of his arrest or surrender before the
Court below 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 7 th
District and Additional Sessions Judge-cum-Special Judge,
POCSO Act, East Champaran in connection with Mahuawa P.S.
Case No. 64/2024, subject to the condition as laid down under
Section 438(2) Cr.P.C / 482(2) BNSS.
7. The District Court is directed to verify the criminal
antecedent of the petitioner and if it is found that the petitioner
is involved in some other cases as what has been stated in Para-
3 of the bail petition, this order will automatically lose its force.
8. The bail application stands disposed of.
(Purnendu Singh, J)
Sanjay/-
U T
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