Patna High Court
KRISHNA PASWAN @ KRISHNA KUMARversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The court held that the petitioner is entitled to pre‑arrest bail, subject to conditions, as the victim’s statement shows consent and there is no evidence of forcible kidnapping.
Summary
The petitioner, a 19‑year‑old male, was charged under IPC Sections 366, 366A and POCSO Act Section 8 for allegedly kidnapping the minor daughter of an informant. He sought pre‑arrest bail, asserting that the relationship with the girl was consensual and that her statement recorded under Section 164 of the CrPC confirmed she went willingly with him. The State opposed the bail application. The court considered the FIR, the victim’s statement, and the petitioner’s clean antecedent, noting that the statement indicated consent and there was no evidence of forcible kidnapping. Consequently, the court ordered that the petitioner be released on pre‑arrest bail upon surrender, with a bond of Rs 10,000 and two sureties, subject to verification of any other criminal antecedents and compliance with Section 482(2) of the CrPC. The bail order will lapse automatically if the petitioner is found to have other pending cases.
Issues considered
- Whether pre‑arrest bail can be granted in a case involving alleged kidnapping of a minor under IPC Sections 366, 366A and POCSO Section 8 when the alleged victim consents.
- Whether the victim’s statement under Section 164 of the CrPC indicating consent affects the grant of bail.
- Whether the petitioner’s clean criminal antecedent warrants the issuance of pre‑arrest bail.
Legislation cited
- Code of Criminal Procedure — s. 164, 183, 482(2)
- Indian Penal Code — s. 366, 366A
- Protection of Children from Sexual Offences Act — s. 8
Subjects
- pre‑arrest bail
- kidnapping
- minor
- consent
- IPC 366
- IPC 366A
- POCSO
- CrPC Section 164
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6530 of 2026
Arising Out of PS. Case No.-154 Year-2024 Thana- MOTIHARI MUFASIL District- East
Champaran
======================================================
KRISHNA PASWAN @ KRISHNA KUMAR, aged about 19 years, Male,
S/o- Ramayan Paswan R/v- Paterwa Ps- Muffasil Dist- East Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXX S/o- Late Shambhu Das R/v- Gadhaiya Ps- Muffasil Dist- East
Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manjeet Kumar Mishra, Advocate
For the Opposite Party/s : Mr.Satyendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
4 05-05-2026 Heard Mr. Manjeet Kumar Mishra, learned counsel
appearing on behalf of the petitioner and Mr. Satyendra Prasad,
learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Muffasil P.S. Case No. 154/2024 registered for the
offence(s) punishable under Sections 366,366A of the IPC and
Section 8 of POCSO Act.
3. As per the allegation made in the FIR, the
petitioner has kidnapped the minor daughter of the informant.
4. Learned counsel appearing on behalf of the
petitioner submitted that petitioner is innocent and has falsely
been implicated in the present case. It is further submitted that
Patna High Court CR. MISC. No.6530 of 2026(4) dt.05-05-2026
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petitioner and the informant’s daughter were in a consensual
relationship, which has been duly acknowledged by the girl in
her statement recorded under Section 183 of the BNSS. In the
said statement, she has also stated that the petitioner has not
forcibly kidnapped her, rather she has willingly gone with the
petitioner. It is further submitted that the petitioner has clean
antecedent.
5. Learned APP appearing on behalf of the State
have vehemently opposed the prayer for grant of pre-arrest bail.
6. Having heard the rival submissions made on behalf
of the parties and upon perusal of the allegations made in the
FIR, as well as, the statement of the victim recorded under
Section 164 of the Cr.P.C, it appears that the petitioner who is
aged about 19 years and the informant’s daughter were in a
relationship, which has been acknowledged by the girl in her
statement recorded under Section 164 of the Cr.P.C. She has
further stated that the petitioner has not forcibly kidnapped her,
rather she has willingly gone with the petitioner. Considering
the aforesaid facts and circumstances, the petitioner, above
named, is directed to be released on pre-arrest 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
Patna High Court CR. MISC. No.6530 of 2026(4) dt.05-05-2026
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bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties
of the like amount each to the satisfaction of learned 6th Addl.
Sessions Judge-cum-Special Judge, POCSO, Motihari, East
Champaran / Concerned Court in connection with Muffasil P.S.
Case No. 154/2024 subject to the conditions as laid down under
Section 482(2) of the BNSS.
7. The learned 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 paragraph no.3 of the bail application, this order will
automatically lose its force.
(Purnendu Singh, J)
Sanjay/-
U T
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