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Patna High Court

Rahul Kumar SahversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that bail should be granted to the petitioner subject to the stipulated conditions.

Summary

The petitioner, Rahul Kumar Sah, was arrested in connection with a kidnapping allegation under Section 96 of the BNS and Section 4 of the POCSO Act, stemming from a complaint that he forcefully abducted the informant's daughter. The petitioner contended that the alleged incident was a consensual elopement leading to marriage, that the victim was 17 years 11 months old at the time, and that the FIR was lodged after an undue delay. The victim’s statement under Section 183 of the BNSS affirmed that she left home voluntarily, disclosed her age as 18, and expressed a desire to live with the petitioner. The court considered the delay in filing the FIR, the victim’s voluntary statement, the petitioner’s clean antecedent, and the applicability of the POCSO provisions. Accordingly, the court granted bail to the petitioner, subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the BNSS, including that one bailor be a close family member.

Issues considered

  • Whether bail should be granted to the accused in a kidnapping case alleged under Section 96 of the BNS and Section 4 of the POCSO Act.
  • Whether the provisions of the POCSO Act are applicable given the victim's age at the time of the alleged incident.
  • Whether the delay in lodging the FIR and the victim’s voluntary statement affect the merits of the kidnapping charge.

Legislation cited

Subjects

  • bail
  • kidnapping
  • POCSO Act
  • minor
  • delay in FIR
  • voluntary marriage
  • Section 96 BNS
  • Section 4 POCSO
  • Section 183 BNSS
  • Section 482(2) BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.48643 of 2025
                      Arising Out of PS. Case No.-1 Year-2025 Thana- KISHANPUR District- Supaul
                 ======================================================
                 Rahul Kumar Sah, S/o Brahamanand Sah, R/o Village- Kanchanpur Kachra,
                 Ward no. 12, P.S.- Saurbazar, District- Saharsa

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Archana Kumari D/O Shasikant Rai R/O Vill.- Kalimungra, Ward no. 4,
                 P.S.- Kishunpur, Dist.- Supaul

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Jitendra Kumar Giri, Adv.
                 For the Opposite Party/s :      Mr. Jitendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

5   21-01-2026                  Heard learned Advocate for the petitioner and learned

                   APP for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Kishanpur P.S. Case No.01 of 2025 (corresponding to

                   POCSO Case No.02/2025) registered for the offences

                   punishable under Section 96 of the BNS and Section 4 of the

                   POCSO Act.

                                3. Accusation against the petitioner is of forcefully

                   kidnapping the daughter of the informant with the help of other

                   accused persons, who were variously armed and also obtained

                   signature from the informant on a blank paper.

                                4. Learned Advocate for the petitioner submitted that
Patna High Court CR. MISC. No.48643 of 2025(5) dt.21-01-2026
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          the alleged occurrence took place on 24.12.2024, but the present

          FIR came to be instituted on 01.01.2025. In fact, the petitioner

          and the victim girl had been in a relationship, which finally

          resulted into solemnization of marriage, but since the informant

          who happens to be father of the victim was not happy with the

          relationship, the present FIR came to be instituted after making

          a concocted story of forceful kidnapping. The entire prosecution

          case falls to the ground on bare perusal of the statement of the

          victim, who has categorically stated that she was in good

          relationship with the petitioner and voluntarily left her house

          and solemnized marriage. She also stated that she wants to live

          in her matrimonial home with the petitioner and does not want

          to go to her parental home. The age of the victim has been

          assessed to be 17 years 11 months and 19 days on the date of

          alleged occurrence and, as such, the benefit must be given in

          favour of the accused. Even if the allegation is taken to be true,

          no penal provision of the Protection of Children from Sexual

          Offences Act would apply, is the contention of the learned

          Advocate for the petitioner. The petitioner bears fair antecedent.

                       5. On the other hand, learned Advocate for the State

          vehemently opposed the bail application and submitted that on

          the alleged date of occurrence, the victim was minor and there is
              Patna High Court CR. MISC. No.48643 of 2025(5) dt.21-01-2026
                                                          3/3




                        specific accusation of kidnapping against the petitioner.

                                     6. Having considered the submissions advanced by

                        the learned Advocate for the respective parties and taking note

                        of the statement of the victim recorded under Section 183 of the

                        BNSS, wherein she has categorically stated that she voluntarily

                        left her home and solemnized marriage, besides she disclosed

                        her age to be 18 years as also the delay in lodging of the FIR

                        and the fair antecedent of the petitioner, 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/- (Ten

                        thousand) with two sureties of the like amount each to the

                        satisfaction of learned District & Additional Sessions Judge-

                        cum-Special Judge, POCSO Act, at Supaul, District-Supaul in

                        connection with Kishanpur P.S. Case No.01 of 2025

                        (corresponding to POCSO Case No.02/2025), subject to the

                        condition as laid down under Section 482(2) of the BNSS, with

                        further condition that one of the bailors shall be the own/close

                        family members of the petitioner.



                                                    (Harish Kumar, J)
rohit/-

U         T


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