Patna High Court
Kaushal KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
Pre‑arrest bail was granted subject to verification of the marriage claim and compliance with bail conditions.
Summary
The petitioner, Kaushal Kumar, was charged under Sections 376(1) and 506 of the Bihar Penal Code and Section 6 of the POCSO Act for alleged rape and criminal intimidation of a minor. He claimed that the alleged victim, a major, had entered into a consensual marriage with him, a fact he asserted in his bail application. The State opposed the grant of pre‑arrest bail. The Court examined the FIR, the victim’s statement under Section 183, and the petitioner’s claim of marriage, finding that the victim had indeed accepted the relationship. Consequently, the Court directed that the petitioner be released on pre‑arrest bail, subject to verification of the marriage claim, a bail bond of Rs.10,000 with two sureties, and compliance with conditions under Section 482(2). The order also directed the District Court to verify the petitioner’s criminal antecedents, with the bail order lapsing if any adverse findings arise. The bail application was disposed of with the grant of pre‑arrest bail.
Issues considered
- Whether pre‑arrest bail can be granted in a case involving alleged rape and criminal intimidation under Sections 376(1), 506 of the Bihar Penal Code and Section 6 of the POCSO Act.
- Whether the alleged consensual marriage and acceptance of the relationship by the victim affect the grant of bail.
- Whether verification of the factual claim of marriage is a condition precedent to the grant of bail.
Legislation cited
Subjects
- pre‑arrest bail
- rape
- POCSO Act
- criminal intimidation
- marriage
- consent
- verification
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.761 of 2026
Arising Out of PS. Case No.-450 Year-2025 Thana- HISUWA District- Nawada
======================================================
Kaushal Kumar, S/o Late Arun Prasad R/o Village - Bermi, P.S. - Kadirganj
(Town P.S.), Dist - Nawada.
... ... Petitioner/s
Versus
1. The State of Bihar
2. X W/o Y R/o Village - Hadsa, P.S. - Hisua, Dist. - Nawada.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pramod Kumar Verma, Advocate
For the Opposite Party/s : Mr.Dr. Ajeet Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
3 03-04-2026 Heard Mr. Pramod Kumar Verma, learned counsel
appearing on behalf of the petitioner and Mr. Dr. Ajeet Kumar
learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Hisua P.S. Case No. 450 of 2025 registered for the
offence(s) punishable under Sections 376(1) and 506 of the
BNS and Section 6 of the POCSO Act.
3. As per the allegation made in the FIR, the
petitioner established physical relationship with the daughter of
the informant on the pretext of marriage.
4. Learned counsel appearing on behalf of the
petitioner submitted that petitioner is innocent and has falsely
been implicated in the present case. Learned counsel further
Patna High Court CR. MISC. No.761 of 2026(3) dt.03-04-2026
2/3
submitted that the petitioner and the informant are in
relationship and informant has also accepted the said
relationship in her statement recorded under Section 183 of
BNSS. Learned counsel further submitted that in paragraph
no.9 of the bail application, he has given specific information
that petitioner solemnized marriage with the informant and they
are living happily with each other.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Having heard the rival submissions made on
behalf of the parties, as well as, having perused the allegation
made in the FIR and the statement of the victim recorded under
Section 183 of BNSS, it is evident that the petitioner and the
informant are/were in relationship and informant has also
accepted the said relationship in her statement recorded under
Section 183 of BNSS. Learned counsel in paragraph no.9 of the
bail application has given specific information that petitioner
solemnized marriage with the informant and they are living
happily with each other. The same is reproduced hereinafter:-
“9. That fact is that victim is major and her
date of birth is 03-06.2007 and they performed marriage on
06-10-2025 at Shri Baba Shobhnath Panchmukhi Mahadev
Mandir, Nawada and petitioner is ready to keep the victim
with full honour and dignity.”
7. The petitioner and the informant are major, the
Patna High Court CR. MISC. No.761 of 2026(3) dt.03-04-2026
3/3
petitioner is directed to released on pre-arrest bail, subject to
the verification of information contained in paragraph 9 of
the bail application, in the event of his arrest or surrender
before the learned District Court within a period of four weeks
from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned Addl. District & Sessions Judge-VI-cum-
Special Judge (POCSO Act), Nawada / Concerned Court in
connection with Hisua P.S. Case No. 450 of 2025, subject to the
conditions as laid down under Section 482(2) of the BNSS.
8. The learned District Court is directed to verify the
criminal antecedent of the petitioner and if it is found that the
petitioner is involved in some other cases, as what has been
stated in paragraph no.3 of the bail application, this order will
automatically lose its force.
9. The bail application stands disposed of.
(Purnendu Singh, J)
Sanjay/-
U T
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