Patna High Court

Praveen KumarversusThe State of Bihar

Decided: 10 March 2026
Disposal: BAIL GRANTED
Bench: SANDEEP KUMAR

Holding

The court granted bail to the petitioner, holding that the marriage and lack of evidentiary basis preclude continued detention.

Summary

The petitioner, Praveen Kumar, was arrested in a case alleging abduction of the minor daughter of an informant under Sections 137, 140, 96 and 3(5) of the Bharatiya Nyaya Sanhita and Sections 6 and 8 of the POCSO Act. The petitioner contended that he and the girl were in a consensual relationship and had subsequently married, which was corroborated by the victim’s statement. The court examined whether the marriage negated the alleged abduction and considered the appropriateness of bail under Section 482 of the BNSS and Section 438(2) of the CrPC. Finding that the allegations were unfounded and that the petitioner was being harassed by frivolous complaints, the court granted bail with a bond of Rs.10,000 and two sureties. Additionally, the court directed the SHO not to entertain further false cases filed by the victim’s father.

Issues considered

Whether the petitioner is entitled to bail in a POCSO case involving alleged abduction when the parties are married.
Whether the alleged abduction under Sections 137, 140, 96, 3(5) of the BNSS is negated by the marriage.
Whether Section 482 of the BNSS and Section 438(2) of the CrPC can be invoked to grant bail in this circumstance.
Whether the complaints filed by the victim’s father constitute false and frivolous cases.

Legislation cited

Bharatiya Nyaya Sanhita — s. 137, 140, 3(5), 482, 96
Code of Criminal Procedure, 1973 — s. 438(2)
Protection of Children from Sexual Offences (POCSO) Act — s. 6, 8

Subjects

bail
POCSO
abduction
marriage
false complaints
criminal procedure
harassment

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.76080 of 2025
                       Arising Out of PS. Case No.-17 Year-2025 Thana- DUMRA District- Sitamarhi
                 ======================================================
                 Praveen Kumar S/o Ramsakal Rai R/o Village- Bhavprasad, P.S.- Dumra,
                 District- Sitamarhi
                                                                     ... ... Petitioner/s
                                              Versus
           1.     The State of Bihar
           2.     XXX S/o Girdhari Mukhiya Resident of Village- Bhaoprasad, Ward No. 02,
                  P.S.- Dumra, Dist.- Sitamarhi
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr.Shashi Bhushan Kumar, Advocate
                 For the State           :        Mr.Umeshanand Pandit, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   10-03-2026                    Heard learned counsel for the petitioner; learned

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

                                2. The petitioner apprehends arrest in connection

                   with Dumra P.S. Case No. 17 of 2025 instituted under Sections

                   137, 140, 96 and 3(5) of the Bharatiya Nyaya Sanhita and

                   Section 6 and 8 of the POCSO Act.

                                3. The allegation against the petitioner is of

                   abducting the minor daughter of the informant.

                                4. Learned counsel for the petitioner submits that the

                   petitioner and the daughter of the informant were in a

                   relationship and they had subsequently got married.

                                5. From the statement of the victim girl, it appears

                   that she has got married to the petitioner.

                                6. Considering the aforesaid facts, this application is
           Patna High Court CR. MISC. No.76080 of 2025(4) dt.10-03-2026
                                                       2/2




                     allowed.

                                  7. Accordingly, in the event of arrest or surrender

                     before the Court below within six weeks from today, the

                     petitioner, above named, be released on bail upon furnishing

                     bail bonds of Rs.10,000/- (ten thousand) with two sureties of the

                     like amount each to the satisfaction of the learned Additional

                     Sessions Judge VI cum Special Judge (POCSO) Act, Sitamarhi/

                     concerned Court in connection with Dumra P.S. Case No. 17

                     of2025, subject to the conditions laid down in Section 482 of the

                     BNSS/ 438(2) of the Code of Criminal Procedure, 1973.

                                  8. During course of argument, it was submitted by

                     learned counsel for the petitioner that unnecessary cases after

                     cases are being filed against the petitioner by the father of the

                     girl, who has now married the petitioner, and the petitioner is

                     being harassed.

                                  9. In these circumstances, the S.H.O., Dumra,

                     District- Sitamarhi is directed not to entertain false and frivolous

                     cases at the behest of the father of the victim girl.


                                                                      (Sandeep Kumar, J)

P. Kumar

U     T

Continue reading with your account

Checking your session…