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Patna High Court

Birendra KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                            2/3




          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
                                                        3/3




                      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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