Patna High Court
Sagar Kumar @ Ramshankar KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The petitioner has made out a prima facie case for anticipatory bail and is therefore entitled to its grant subject to the conditions imposed.
Summary
The petitioner, Sagar Kumar, aged 20, was charged under Section 96 of the Bharatiya Nyaya Sanhita and Section 8 of the Protection of Children from Sexual Offences Act for allegedly kidnapping a 17‑year‑old girl with the intention of marrying her. He claimed innocence, asserting that the victim voluntarily fled with him and solemnised a marriage, as recorded in her statement under Section 183 of the BNSS. The State opposed his request for pre‑arrest bail. The High Court, relying on the victim’s voluntary statement and the principle that youthful infatuation may mitigate culpability, referred to the Madras High Court decision in Vijayalakshmi & Anr. vs. State (2021) SCC OnLine Mad 317, and held that the petitioner had made a prima facie case for anticipatory bail. Consequently, the Court directed the District Court to grant anticipatory bail upon arrest or surrender within four weeks, subject to a Rs 10,000 bond with two sureties and compliance with Section 438(2) CrPC/Section 482(2) BNSS, and to verify the petitioner’s criminal antecedents. If any other cases are found, the bail order will automatically lapse.
Issues considered
- Whether the petitioner is entitled to anticipatory (pre‑arrest) bail under Section 438 CrPC in a case involving alleged kidnapping and a POCSO offence.
- Whether the victim’s voluntary statement of marriage negates the element of kidnapping under Section 96 BNSS.
- Whether the age difference and alleged consent affect the grant of bail in a POCSO case.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 183, 482(2), 96
- Code of Criminal Procedure, 1973 — s. 438(2)
- Protection of Children from Sexual Offences Act — s. 8
Subjects
- anticipatory bail
- pre‑arrest bail
- kidnapping
- child marriage
- POCSO
- BNSS
- Section 438 CrPC
- Section 8 POCSO
- victim consent
- age of consent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.671 of 2026
Arising Out of PS. Case No.-115 Year-2025 Thana- MOTIHARI MUFASIL District- East
Champaran
======================================================
Sagar Kumar @ Ramshankar Kumar S/o- Raktu Mukhiya Village- Herkain
Suraha Near Mandir PS- Muffasil Distt- East Champaran
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. XX W/o- YY R/v- Barharwa W.No-11, Ps- Muffasil Dist- East Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rakesh Kumar, Advocate
For the Opposite Party/s : Mr.Mohammad Sufyan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
3 03-04-2026 Heard Mr. Rakesh Kumar, learned counsel appearing
on behalf of the petitioner and Mr. Mohammad Sufyan, learned
APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Muffasil No. 115/2025 registered for the offence(s)
punishable under Sections 96, of the Bharatiya Nyaya Sanhita
and Section 8 of Protection of Children From Sexual Offences
Act.
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.
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4. Learned counsel appearing on behalf of the
petitioner submitted that the petitioner is innocent and he has
falsely been implicated in the case. The victim in her statement
recorded under Section 183 of the BNSS has categorically stated
that she had voluntarily fled with the petitioner and solemnized
marriage with him (Annexure–P/2). Learned counsel further
submitted that the petitioner has just emerged as an adult being
aged about 20 years and the victim is aged about 17 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 vehemently opposed the
prayer for grant of pre-arrest bail.
6. Considering the rival submissions made on behalf
of the parties, as well as, the nature of allegation made in the
FIR and the statement of the victim recorded under Section 183
of the BNSS, wherein she has categorically stated that she had
voluntarily fled away with the petitioner and solemnized
marriage with him (Annexure–P/2), the petitioner, who is 20
years old, has just emerged as an adult, going through
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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. I am of the opinion that the petitioner
has, prima facie, made out a case to be released on pre-arrest
bail.
7. The learned District Court is directed to release the
petitioner on anticipatory 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 District Court where the case is pending
in connection with Muffasil No. 115/2025, subject to the
condition as laid down under Section 438(2) Cr.P.C / 482(2)
BNSS.
8. 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
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automatically lose its force.
(Purnendu Singh, J)
Ashishsingh/-
U T
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