Patna High Court
Birendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
Bail was granted to the petitioner subject to the conditions prescribed under Section 480(3) of the B.N.S.
Summary
The petitioner, Birendra Kumar, a 19‑year‑old, was arrested in connection with Kothi Police Station Case No. 65 of 2024 for alleged offences under Sections 96 and 3(5) of the B.N.S., accused of enticing the minor daughter of an informant away from her home. The prosecution alleged that the petitioner had taken the girl to Kolkata against her will, but the girl’s statement recorded under Section 183 of the B.N.S. indicated that she voluntarily accompanied the petitioner and stayed in Kolkata for two days. No physical assault was alleged, the victim refused a medical examination, and the petitioner has a clean antecedent. The State opposed bail, while the petitioner’s counsel argued innocence and false implication. Considering the victim’s voluntary statement, the girl’s assessed age of 16, the petitioner’s clean record, the charge sheet already filed, and the period of custody, the court granted bail with a bond of Rs. 10,000 and two sureties, subject to conditions under Section 480(3) of the B.N.S. and additional specific conditions.
Issues considered
- Whether bail should be granted to the petitioner accused under Sections 96 and 3(5) of the B.N.S. for allegedly enticing a minor.
- Whether the victim’s voluntary statement under Section 183 negates the alleged offence.
- Whether the petitioner’s clean antecedent and the filing of the charge sheet justify bail.
Legislation cited
- B.N.S. — s. 183, 3(5), 480(3), 96
Subjects
- bail
- minor
- enticing
- Section 96
- Section 3(5)
- victim statement
- clean antecedent
- Section 183
- Section 480(3)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71704 of 2025
Arising Out of PS. Case No.-65 Year-2024 Thana- KOTHI District- Gaya
======================================================
Birendra Kumar S/o Shiv Kumar Das R/o Village- Beninagar, P.S.- Bhadwar,
District- Gayaji
... ... Petitioner/s
Versus
1. The State of Bihar
2. Suresh Yadav S/o Bhikhari Yadav R/o Village- Telwari, P.S.- Kothi, District-
Gayaji
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arvind Kumar Singh, Advocate
For the State : Mr.Brajendra Nath Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
4 17-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. Despite service of notice, there is no
representation on behalf of O.P. No. 2/informant.
03. In the present case, the petitioner seeks bail in
connection with Kothi P.S. Case No. 65 of 2024 registered for
the alleged offences under Sections 96 and 3(5) of B.N.S.
04. As per prosecution case, the petitioner enticed
away the minor daughter of the informant.
05. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. The petitioner did not allure the daughter of the informant
and did not take her away against her will. The daughter of the
Patna High Court CR. MISC. No.71704 of 2025(4) dt.17-01-2026
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informant has been studying in the same coaching institute and
she had gone to Kolkatta with the petitioner on her own and in
her statement recorded under Section 183 of B.N.S.S. she has
specifically stated that she and the petitioner went to Kolkatta
on 29.08.2024 but did not inform in her house and visited places
and stayed there for two days. There is no allegation of any
physical assault against the petitioner and the victim girl refused
to undergo any medical examination. The petitioner is aged 19
years and he has done nothing illegal with the victim girl. The
petitioner is in custody since 03.09.2024 and charge sheet has
been submitted. The petitioner has clean antecedent.
06. Learned APP opposes the submission made on
behalf of the petitioner.
07. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
statement of the victim girl under Section 183 of B.N.S.S. and
her assessed age of 16 years at which a girl develops sufficient
majority and also considering the period of custody of the
petitioner, his clean antecedent and submission of charge sheet,
the petitioner above named is directed to be released on bail
on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with
two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.71704 of 2025(4) dt.17-01-2026
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learned Judicial Magistrate, Ist Class, Sherghatti,
Gayaji/concerned Court in connection with Kothi P.S. Case No.
65 of 2024, subject to the conditions mentioned in Section
480(3) of B.N.S.S. and also the 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.
(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)
DKS/-
U T
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