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Patna High Court

Priyanshu SinghversusThe 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 Bharatiya Nagarik Suraksha Sanhita.

Summary

The petitioner, Priyanshu Singh, was implicated in a case registered under Sections 96, 3(5), 64 of the Bharatiya Nagarik Suraksha Sanhita (B.N.S.) and Sections 4 and 6 of the POCSO Act for allegedly kidnapping the informant's minor daughter. The prosecution alleged that the kidnapping was part of a conspiracy on 19 August 2025. The petitioner contended that the allegation was false, arising from a consensual adolescent love relationship, and that the victim herself, in a statement under Section 183 of the B.N.S., affirmed a voluntary marriage to him. The court considered the victim's statement and the nature of the relationship, and concluded that anticipatory bail could be granted despite the serious charges. Accordingly, the court ordered that the petitioner be released on bail upon surrender, subject to a bond of Rs.10,000 with two sureties and compliance with Section 482(2) of the B.N.S.

Issues considered

  • What is the appropriateness of granting anticipatory bail in a case involving alleged kidnapping and offences under the POCSO Act?
  • Does the victim's statement under Section 183 of the B.N.S. negate the criminal liability of the petitioner?
  • Can Section 482(2) of the B.N.S. be invoked to conditionally release the petitioner on bail?

Legislation cited

Subjects

  • anticipatory bail
  • POCSO Act
  • kidnapping
  • adolescent love
  • minor
  • criminal procedure
  • Section 182
  • Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5001 of 2026
                  Arising Out of PS. Case No.-458 Year-2025 Thana- MUFFASIL District- West Champaran
                 ======================================================
                 Priyanshu Singh S/o Guddu Singh R/o village- Nawada, P.S.- Harsidhi, Dist-
                 East Champaran

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    X S/o Y R/o vill - Majhariya Sheikh Malahi Tola, ward no. 3, P.s.-
                 Majhuwaliya, Distt.- West Champaran

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Dhannjay Kumar No 2, Advocate
                 For the Opposite Party/s :       Mr. Ajit Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

3   15-04-2026                    Heard learned Counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                                2.      The petitioner apprehends his arrest in

                   connection with Bettiah Muffasil Police Station Case No.

                   458 of 2025, registered for the offences punishable under

                   Sections 96, 3(5), 64 of B.NS. and Section 4/6 of POCSO

                   Act.

                                3. The prosecution case, as per the First

                   Information Report, is that on 19.08.2025, the minor

                   daughter of the informant was kidnapped by the petitioner

                   and other accused persons as part of a conspiracy.

                                 4. Learned Counsel for the petitioner submits that
Patna High Court CR. MISC. No.5001 of 2026(3) dt.15-04-2026
                                            2/3




          petitioner is innocent and has falsely been implicated in this

          case on the basis of concocted story, inasmuch as there was

          love relationship between the petitioner and the informant’s

          daughter, and it is a case of adolescent love. The petitioner

          is 20 years old, whereas the informant’s daughter is 17

          years of age. In her statement recorded under Section 183 of

          the B.N.S.S., the informant’s daughter has stated that she

          has performed marriage with the petitioner of her own free

          will and that no person is at fault.

                        5. Regards being had to the submissions made by

          the parties and taking into consideration the statement of the

          victim girl recorded under Section 183 of the B.N.S.S., and

          the case appears to be a case of adolescent love, I am

          inclined to grant the petitioner privilege of anticipatory bail.

                       6. This application is, accordingly, allowed.

                       7. Let the petitioner, above named, in the event of

          his arrest or surrender before the Court below within four

          weeks, be released on bail on furnishing bail bond of Rs.

          10,000/- (Ten Thousand) with two sureties of the like

          amount each to the satisfaction of learned Special Judge

          POCSO cum D.A.S.J., West Champaran, Bettiah, in
           Patna High Court CR. MISC. No.5001 of 2026(3) dt.15-04-2026
                                                       3/3




                     connection with Bettiah Muffasil Police Station Case No.

                     458 of 2025,          subject to the condition laid down under

                     Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita.



                                              (Anil Kumar Sinha, J)
Siwani/-

U      T


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