Patna High Court
Shivam KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The Court conditionally ordered pre‑arrest bail, subject to verification of the victim’s statement and the petitioner’s criminal antecedent.
Summary
Shivam Kumar, a 21‑year‑old, was charged under Sections 137 and 96 of the BNSS for allegedly kidnapping a 14‑year‑old girl with the intention of marrying her. He claimed the marriage was consensual, citing a statement recorded under Section 183 BNSS that the girl had voluntarily married him. The petitioner sought pre‑arrest bail, arguing his clean antecedent and youthful psychological immaturity. The State opposed the bail. The Court, referring to Vijayalakshmi v. State (2021) of the Madras High Court, ordered the District Court to verify the victim’s statement and the petitioner’s criminal record; if the statement confirms a consensual relationship and no other cases exist, bail would be granted on a Rs 10,000 bond with two sureties, subject to Section 438(2) Cr.P.C. and Section 482(2) BNSS. The bail application was disposed with the conditional order.
Issues considered
- Whether pre‑arrest bail should be granted in a kidnapping‑and‑attempted‑marriage case involving a minor under Sections 137 and 96 BNSS.
- Whether the victim’s statement under Section 183 BNSS indicating a consensual marriage affects the bail decision.
- Whether the petitioner’s age, psychological and physiological factors are relevant to granting bail.
- Whether the petitioner’s criminal antecedent influences the grant of bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- pre‑arrest bail
- kidnapping
- child marriage
- minor
- Section 183 BNSS
- psychological factors
- conditional bail
- verification of statement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47238 of 2025
Arising Out of PS. Case No.-38 Year-2025 Thana- KHAJEKALA District- Patna
======================================================
Shivam Kumar S/o- Krishna Mahto Resident of Village- Ranipur Neemtal PS-
Khaje Kalan Patna City, Dist- Patna
... ... Petitioner/s
Versus
1. The State of Bihar
2. Rajesh kumar s/o sajdeo gope r/o New colony Harnaha Tola ward no-63
patna city p.s- khajkala
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Santosh Kumar Singh, Advocate.
For the Opposite Party/s : Mr.Rajendra Singh, APP.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
5 17-01-2026 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 Khaje Kalan P.S. Case No. 38 of 2025 registered for the
offence punishable under Sections 137 and 96 of the BNS.
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,
the victim in her statement recorded under Section 183 BNSS
Patna High Court CR. MISC. No.47238 of 2025(5) dt.17-01-2026
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has stated that she has solemnized marriage with the petitioner
out of her own will and the said fact has surfaced in Para-30 of
the case diary. 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. The petitioner has clean antecedent. 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.47238 of 2025(5) dt.17-01-2026
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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 Judicial Magistrate 1st Class,
Patna City, Patna in connection with Khaje Kalan P.S. Case No.
38 of 2025, 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)
mantreshwar/-
U T
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