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Patna High Court

Sinu Kumar @ Rivisant Kumar @ Ravishant Kumar @ Sumit SahaniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted as the victim’s statement under Section 183 of the BNSS indicated no misbehavior and there was insufficient ground to deny bail.

Summary

The petitioner applied for regular bail in a case registered under Sections 137(2) and 87 of the BNS concerning the alleged enticement of a minor for marriage. The prosecution alleged that the petitioner lured the informant's minor daughter, who later disappeared, and that the petitioner communicated with her via a mobile number. The petitioner claimed innocence, stating the victim joined him voluntarily and that there was no allegation of misbehavior or assault. The State opposed bail, but the victim’s statement recorded under Section 183 of the BNSS affirmed that no misbehavior occurred and that she had been in contact with the petitioner of her own free will. Considering the victim’s statement and the lack of substantive evidence, the court ordered the petitioner to be released on bail upon furnishing a bail bond of Rs.10,000 with two sureties.

Issues considered

  • Whether regular bail can be granted in offences punishable under Sections 137(2) and 87 of the BNS.
  • Whether the victim’s statement under Section 183 of the BNSS negates the prosecution’s case and justifies bail.
  • Whether the petitioner’s prior custody and other cases affect the grant of bail.

Legislation cited

  • BNS — s. 137(2), 87
  • BNSS — s. 183

Subjects

  • bail
  • minor
  • enticement for marriage
  • Section 183 statement
  • BNS
  • BNSS
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6943 of 2026
                   Arising Out of PS. Case No.-223 Year-2025 Thana- LAKHISARAI District- Lakhisarai
                 ======================================================
                 Sinu Kumar @ Rivisant Kumar @ Ravishant Kumar @ Sumit Sahani S/o
                 Vikash Sahni Resident of village - Santar Muhalla, ward no. 11, P.S.-
                 Lakhisarai, Distt.- Lakhisarai, Bihar

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    XX W/o Ishwar Kumar R/o vill - English, ward no. 4, P.S and Distt.-
                 Lakhisarai

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Hemant Ray, Advocate
                 For the Opposite Party/s :       Mr. Harendra Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

3   09-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State. Although the notice has been validly served

                   upon the informant, there is no representation on her behalf.

                                2. The petitioner has preferred this application for

                   grant of regular bail in connection with Lakhisarai P.S. Case No.

                   223 of 2025 registered for the offences punishable under

                   Sections 137(2), 87 of the BNS.

                                3. As per the prosecution case, on 18.05.2025 at about

                   9:00 A.M., the minor daughter of the informant went for

                   coaching but did not return home. The informant conducted a

                   thorough search but could not trace her. It is further alleged that

                   the petitioner enticed away the minor daughter of the informant
Patna High Court CR. MISC. No.6943 of 2026(3) dt.09-04-2026
                                            2/3




          for the purpose of marriage. The informant also came to know

          that her daughter used to communicate with a particular mobile

          number.

                       4. Learned counsel for the petitioner has submitted

          that the petitioner is innocent and has falsely been implicated in

          this case. It has been further submitted that the victim joined the

          company of the petitioner out of her own free will, and there is

          no allegation of any misbehavior or physical assault against the

          petitioner. It has also been submitted that the petitioner is in

          custody since 15.08.2025 and although the petitioner was

          accused in two other cases, he has been acquitted of the charges

          in one case and is on bail in the other. It has further been

          submitted that with regard to the second antecedent mentioned

          in paragraph no. 3, it has been incorrectly stated that he is an

          accused in that case.

                       5. Learned APP for the State has vehemently opposed

          the prayer for bail of the petitioner.

                       6. Upon perusal of the statement of the victim

          recorded under Section 183 of the BNSS which was called for

          by order dated 04.02.2026 indicates that she did not allege any

          misbehavior or any physical assault against this petitioner and

          she has stated that she was in talking terms with this petitioner
              Patna High Court CR. MISC. No.6943 of 2026(3) dt.09-04-2026
                                                          3/3




                        and she went to Patna thereafter Rajkot and then to Delhi. She

                        has categorically stated that the petitioner did not misbehave

                        with her in any manner.

                                     7. Considering the aforesaid submissions of the

                        parties and particularly the statement of the victim recorded

                        under Section 183 of the B.N.S.S., let the petitioner above-

                        named, be enlarged on bail on furnishing bail-bonds of Rs.

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

                        amount each to the satisfaction of learned Court concerned,

                        Lakhisarai, in connection with Lakhisarai P.S. Case No. 223 of

                        2025.

                                     8. The application stands allowed.



                                                   (Praveen Kumar, J)
Jyoti/-

U         T


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