Patna High Court
Bishnu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The Court granted bail to the petitioner, subject to bond and conditions, finding the victim’s conduct voluntary and the circumstances sufficient to justify release.
Summary
Bishnu Kumar was arrested in connection with a case alleging that he, along with co‑accused, enticed a 15‑year‑old girl, the informant’s daughter, away from her home, leading to charges under Sections 137(2), 140(1) and 61(2) read with 3(5) of the B.N.S., 2023. The petitioner claimed the girl went with him of her own free will, citing a love affair, her refusal to undergo a medical exam, and the two‑day delay in filing the FIR as evidence of voluntariness. The State opposed bail, arguing the seriousness of the alleged offence involving a minor. The Court, after considering the voluntary nature of the girl’s conduct, the delay in the FIR, and the fact that a chargesheet had already been filed, granted bail subject to a Rs.10,000 bond, two sureties, and conditions under Section 480(3) of the B.N.S.S. The bail order also required the petitioner’s presence at court dates and stipulated cancellation if conditions were breached.
Issues considered
- Whether the alleged enticement of a minor constitutes an offence warranting denial of bail
- Whether the voluntary conduct of the victim and the delay in filing the FIR justify granting bail
- Whether the petitioner’s prior pending case and custody period affect bail eligibility
Legislation cited
Subjects
- bail
- kidnapping
- minor
- voluntary conduct
- FIR delay
- criminal procedure
- section 480(3) conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6622 of 2026
Arising Out of PS. Case No.-461 Year-2025 Thana- LAKHISARAI District- Lakhisarai
======================================================
Bishnu Kumar S/o Subodh Saw, R/o Vill.- Mankatha Bodhi Tola, P.S-
Amhara, Dist- Lakhisarai.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Rajive Ranjan Singh, Advocate
For the Opposite Party/s : Mr. Rabindra Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in
connection with Lakhisarai P.S. Case No. 461 of 2025 dated
08.10.2025, registered for the offences punishable under
Sections 137(2), 140(1) and 61(2) read with Section 3(5) of the
B.N.S., 2023.
3. As per the prosecution case, the fifteen years old
daughter of informant went missing and informant later came to
know that this petitioner along with other co-accused persons
enticed his daughter away.
4. Learned counsel appearing on behalf of the
petitioner submits that petitioner is innocent and he has falsely
been implicated in the present case. The daughter of the
informant went with the petitioner out of her own sweet will.
Patna High Court CR. MISC. No.6622 of 2026(2) dt.04-02-2026
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Both of them lived together for eight days in Surat and she did
not raise any alarm during this period. It shows the voluntary
nature of the act of the victim girl. The victim girl, in her
statement recorded under Section 183 of the B.N.S.S., has stated
about her love affair with the petitioner. The victim girl further
refused to undergo medical examination. The FIR has been
lodged after delay of two days without any explanation. Learned
counsel next submits that petitioner is having antecedent of one
case in which he is on bail and chargesheet has been submitted.
Learned counsel lastly submits that petitioner is in custody since
15.10.2025.
5. Learned A.P.P. appearing on behalf of the State
opposes the submissions made on behalf of the petitioner.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
voluntary nature of the act of the victim girl and further
considering the period of custody of the petitioner and
submission of chargesheet, the petitioner, above-named, is
directed to be released on bail, on furnishing bail bonds of
Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of
the like amount each to the satisfaction of learned Chief Judicial
Magistrate, Lakhisarai / concerned Court, in connection with
Patna High Court CR. MISC. No.6622 of 2026(2) dt.04-02-2026
3/3
Lakhisarai P.S. Case No. 461 of 2025, subject to the condition
laid down under Section 480(3) of the B.N.S.S. and other
following conditions:
(i) One of the bailors will be a close relative of the
petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below, if so required by the learned
trial Court.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the Court concerned.
(Arun Kumar Jha, J)
Shahnawaz/-
U T
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