Patna High Court
Daresh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PARTHA SARTHY
Holding
Bail was denied because the victim was a minor and her alleged consent is of no legal value.
Summary
Daresh Kumar was arrested in connection with a kidnapping alleged to involve the minor daughter of an informant, who was reportedly taken and later claimed to have married him of her own free will. The petitioner sought regular bail under sections 132(2) and 96 of the Bharatiya Nyaya Sanhita, 2023, relying on a statement recorded under section 183 that the victim consented to the marriage. The State opposed bail, pointing out that the victim was only 14 years old at the time of the alleged incident, rendering any consent legally ineffective. After hearing both sides, the Court held that the minor’s age precludes valid consent and therefore refused bail. The Court allowed the petitioner to renew the bail application after six months or upon framing of charge, whichever is later.
Issues considered
- Whether bail can be granted to the accused when the alleged victim is a minor and consent is legally invalid.
- Whether the statement recorded under section 183 of the B.N.S.S. can constitute valid consent for a minor.
- Applicability of sections 132(2) and 96 of the Bharatiya Nyaya Sanhita, 2023 in the bail context.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 132(2), 183, 96
Subjects
- bail
- kidnapping
- minor
- consent
- Bharatiya Nyaya Sanhita
- section 132(2)
- section 96
- section 183
- criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72868 of 2025
Arising Out of PS. Case No.-97 Year-2025 Thana- BOKHRA District- Sitamarhi
======================================================
Daresh Kumar, S/o Chhedi Sahani, R/o Village- Shambhuta Dih, P.S.- Aurai,
District- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pushpendra Kumar Singh, Advocate
Ms. Divya Bharti, Advocate
For the Opposite Party/s : Mr. Shantanu Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 21-01-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Bokhra P.S. Case no.97
of 2025 registered under sections 132(2) and 96 of the Bharatiya
Nyaya Sanhita, 2023.
3. As per the prosecution case, the minor daughter of
the informant was kidnapped by the petitioner.
4. Learned counsel for the petitioner submits that the
victim returned and her statement was recorded under section
183 of the B.N.S.S., 2023 wherein she has stated that she went
with the petitioner out of her own free will and married him.
The petitioner is in custody since 19.7.2025 and has no criminal
antecedent. Charge-sheet has been submitted in the case.
5. The prayer for bail is opposed by learned A.P.P for
Patna High Court CR. MISC. No.72868 of 2025(3) dt.21-01-2026
2/2
the State who submits that the date of birth of the victim being
11.5.2011, she was only 14 years of age on the date of
occurrence. It is thus submitted that her consent is of no legal
value.
6. Having heard learned counsel for the parties and
taking into consideration the allegation against the petitioner in
the F.I.R. and especially the age of the victim on the date of
occurrence being 14 years 1 months (approx.), the Court is not
inclined to enlarge the petitioner on bail and the application is
rejected.
7. Liberty is granted to the petitioner to renew his
prayer for bail after six months or on framing of charge,
whichever is later.
(Partha Sarthy, J)
avinash/-
U T
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