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Patna High Court

Monu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner, subject to bond, sureties and conditions.

Summary

Monu Kumar was accused of eloping with the 17‑year‑old daughter of an informant, leading to an FIR under Sections 96, 137(2), 351(2) and 3(5) of the B.N.S.S. The petitioner argued that the FIR was lodged two days after the incident, the victim was actually 17½‑18 years old and the relationship was consensual, and that the medical report showed no signs of sexual assault. The victim’s statements changed under pressure, and independent witnesses corroborated a love relationship. The State opposed the petition for anticipatory bail, contending the seriousness of the allegations. The High Court, considering the lack of evidence of force or assault and the victim’s apparent consent, granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and a condition that one bailor be a close relative, while directing the petitioner to cooperate with the investigation.

Issues considered

  • Whether anticipatory bail should be granted in a case involving alleged elopement and possible kidnapping of a minor.
  • Whether the delay in filing the FIR and the victim’s age affect the bail decision.
  • Whether the evidence, including medical report and witness statements, justifies denial of bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Section 482 B.N.S.S
  • minor consent
  • FIR delay
  • medical report
  • love relationship
  • kidnapping

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.69684 of 2025
                      Arising Out of PS. Case No.-55 Year-2025 Thana- Mathurapur District- Samastipur
                 ======================================================
                 Monu Kumar S/O Dev Narayan Rai Resident of Village- Begampur, Ward
                 No. 09, P.S.- Mathurapur, District- Samastipur.
                                                                        ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :        Mr.Mukesh Kumar Thakur
                 For the State             :        Mr. Ram Priya Sharan Singh
                 For the Informant                  Mr. Ranjan Kumar
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

3   21-01-2026                   Heard learned counsel for the petitioner, learned APP

                   for the State and learned counsel for the informant.

                                 2. The petitioner apprehends his arrest in a case

                   registered under Sections 96, 137(2), 351(2), 3(5) of the BNS.

                                 3. The allegation in the first information report is that

                   the daughter of the informant aged about 17 years had left her

                   house but did not come back and after search, it was gathered

                   that one Monu Kumar (petitioner) had allured the victim and

                   had eloped with her. The family members of Monu Kumar were

                   made accused.

                                 4. Learned counsel for the petitioner submits, at the

                   outset, that the first information report was lodged after a delay

                   of two days inasmuch as while the occurrence took place on

                   31.05.2025 the FIR was lodged on 02.06.2025 with no
Patna High Court CR. MISC. No.69684 of 2025(3) dt.21-01-2026
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          explanation being tendered in this regard. As a matter of fact,

          the petitioner and the informant’s daughter were in a love

          relationship and the petitioner was an adult although she has

          been alleged to be 17 years as per the FIR itself but from the

          medical report, it would appear that her age was assessed to be

          between 17 ½ to 18 years. It was thus a consensual relationship

          between two adults and the victim had gone along with the

          petitioner out of her free will. It has also been pointed out that

          after her recovery her statement was first recorded under Section

          180 of the BNSS in paragraph-27 of the case diary where in she

          has not made any allegation against the present petitioner and

          has rather stated that she had left her house alone and had

          returned upon knowledge of the present case lodged by her

          mother. She however, changed her statement under Section 180

          of the BNSS, being in presence of her mother, by stating that the

          petitioner had taken her away forcefully on the pretext of

          marriage and after having stayed with her for 6 to 7 days and

          establishing physical relationship, she was brought back to

          Mathurapur P.S. It would also appear that she was subjected to

          medical examination on the next date of her recovery and the

          medical opinion shows that there were no signs of sexual

          assault. The learned counsel for the petitioner has referred to the
Patna High Court CR. MISC. No.69684 of 2025(3) dt.21-01-2026
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          case of Anas Vs. State of NCT of Delhi & Anr in Cr. Appeal

          No. 7576 of 2025.

                       5. The application for anticipatory bail is opposed by

          learned A.P.P. for the State and learned counsel for the

          informant. Learned counsel for the informant submits that since

          the thrust of allegation is against the petitioner, he does not

          deserve to be released on anticipatory bail.

                       6.    Taking      into     consideration   the   facts   and

          circumstances and also considering that the victim was either a

          major or reaching the age of majority and it was her conscious

          choice of going with the petitioner and there is no material to

          reflect that she made any attempt to raise any resistance,

          coupled with the consideration of statements of independent

          witnesses recorded in paragraph-110 and 111 of the case diary

          that the petitioner and the victim were in love relationship with

          each other, let the above named petitioner, in the event of his

          arrest or surrender before the learned Court below within a

          period of four weeks, be released on anticipatory bail in

          connection with Mathurapur P.S. Case no.55 of 2025 on

          furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with

          two sureties of the like amount each to the satisfaction of the

          learned Court below where the case is pending subject to the
             Patna High Court CR. MISC. No.69684 of 2025(3) dt.21-01-2026
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                       condition laid down under Section 438(2) of the Code of

                       Criminal Procedure/Section 482(2) of the B.N.S.S, 2023,

                       subject to the condition:

                                    (i) One of the bailors will be a family member/close

                       relative.

                                    7. However, it is directed that the petitioner shall

                       extend complete cooperation in the investigation and would not

                       misuse the liberty in order to influence the witness or tamper

                       with any evidence on record.



                                                 (Soni Shrivastava, J)
devendra/-

U      T


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