Patna High Court
Bhola KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court granted anticipatory bail to the petitioner, finding that the alleged consensual marriage and adult status of the victim mitigate the seriousness of the accusations.
Summary
The petitioner, Bhola Kumar, sought anticipatory bail after an FIR was lodged alleging offences under Sections 366A and 34 of the Indian Penal Code and Section 4 of the POSCO Act, accusing him of abducting and attempting to marry the informant’s daughter. The prosecution alleged that the girl was taken from her home, her jewellery and cash were seized, and a marriage was arranged without consent. The petitioner contended that the victim is an adult who voluntarily entered into a consensual relationship and that they have already solemnised a lawful marriage, with no coercion or threat involved. The victim’s counsel, representing her, did not dispute the petitioner’s version of events. Considering the alleged consensual marriage and the victim’s adult status, the Court granted anticipatory bail subject to standard conditions under the CrPC and the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioner accused of offences under IPC 366A/34 and POSCO Act when the alleged victim is an adult and claims a consensual marriage.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
- Indian Penal Code — s. 34, 366A
- Protection of Children from Sexual Offences Act — s. 4
Subjects
- anticipatory bail
- kidnapping for marriage
- consent
- IPC 366A
- POSCO Act
- Criminal Procedure Code
- marriage
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69879 of 2025
Arising Out of PS. Case No.-30 Year-2024 Thana- RIGA District- Sitamarhi
======================================================
Bhola Kumar S/o- Sanjay Raut Village - Rampur Gangoli, P.S.- Riga, Dist-
Sitamarhi
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Naresh Shah S/o- Late Devan Shah Village - Rampur Gangoli, P.S.- Riga,
Dist- Sitamarhi
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Durgesh Nandan
For the Opposite Party/s : Mr.Ashok Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
5 21-01-2026 Heard the learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Riga P.S. Case No. 30 of 2024, F.I.R dated
06.02.2024 registered for the offences punishable under
Sections 366A/34 of the Indian Penal Code and Section 4 of
POSCO Act.
3. According to prosecution case, on 30.01.2024 at
05:00 A.M. the daughter of the informant went for coaching.
But when she was late then their family members got worried
and started searching her. While searching they saw she was
going on tempo with this petitioner (Bhola Kumar), then their
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family members reached the house of the petitioner where they
found it was locked and it appeared that they took his daughter
for marriage or to sell her out. After that they returned to home
and found that she took 1.5 lakhs and jewelry along with her
afterthat F.I.R. was lodged.
4. Learned counsel for the petitioner submits that the
victim is major and on account of love affair between the victim
of the petitioner, they are said to have solemnized marriage and
after marriage, in terms of the statement made in the
anticipatory bail application at para 11, the victim girl is staying
with this petitioner. There is no allegation of coercion having
been made against anybody rather there is specific statement
with regard to threatening given by their parents, owing to
which, the victim is said to have left the house of her parents
and went to Delhi.
5. Pursuant to the notice issued to the informant, the
victim girl is represented by her counsel who does not dispute
the submissions made by the counsel for the petitioner.
6. Learned APP for the State opposes the prayer for
anticipatory bail application.
7. Considering the aforesaid facts and circumstances
Considering the fact that the victim and this petitioner has
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already solemnized marriage and living peacefully. Accordingly,
this Court is inclined to grant the privilege of anticipatory bail to
the petitioner.
8. Let the petitioner, above named, in the event of
his/her arrest or surrender before the Court below within a
period of thirty days from the date of receipt of the order, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Special Judge, Sitamarhi in
connection with Riga P.S. Case No. 30 of 2024, subject to the
conditions as laid down under Section 438(2) of the Code of
Criminal Procedure / Section 482(2) of the Bhartiya Nagarik
Suraksha Sanhita and with other following conditions:-
(i) one of the bailors should be the family
member/relative of the petitioner(s) who shall provide official
document to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of his/her/their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
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failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
abhishekkr/-
U T
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