Patna High Court
Pappu Kumar @ Pappu MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
The Court granted bail to the petitioner subject to conditions.
Summary
Pappu Kumar was arrested in connection with a case registered under Sections 137(2) and 96 of the B.N.S., 2023, alleging that he enticed a 16‑year‑5‑month‑old girl away from her home. The petitioner contended that the alleged victim is a major, that the relationship is consensual, and that they are legally married, citing a medical report that the girl could be up to 20 years old considering a two‑year margin of error. The State opposed bail, characterising the offence as heinous and relying on the victim’s statement under Section 183 of the B.N.S. The Court examined the prosecution’s evidence, noted the possibility of the girl being of legal age and the consensual nature of the relationship, and observed that the charge‑sheet and framing of charges had already been completed. Consequently, the Court allowed the bail application, directing the petitioner to furnish bail bonds of Rs. 10,000 with two sureties and imposing standard conditions to ensure his cooperation with the investigation and trial.
Issues considered
- Whether bail should be granted to the accused in a case under Sections 137(2) and 96 of the B.N.S., 2023 involving an alleged minor victim.
- Whether the alleged consensual relationship and the possible age of the victim negate the seriousness of the offence for bail considerations.
Legislation cited
- B.N.S., 2023 — s. 137(2), 183, 96
Subjects
- bail
- minor
- consensual relationship
- age determination
- Section 137(2)
- Section 96
- Section 183
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80271 of 2025
Arising Out of PS. Case No.-6 Year-2025 Thana- ANGARGHAT District- Samastipur
======================================================
Pappu Kumar @ Pappu Mahto S/O Pradeep Mahto Resident of Village-
Jitwarpur Tole Farpura, Police Station-Samastipur (Muffasil) District-
Samastipur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Saroj Paswan S/O Kapleshwar Paswan @ Kappu Paswan R/O Vill.- Supaul
Ward no. 7, P.S.- Angarghat, Dist.- Samastipur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashank Shekhar, Advocate
For the State : Mr. Upendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
3 21-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Angarghat P.S. Case No. 06 of 2025 dated 18.01.2025,
registered for the offences punishable under Sections 137(2) and
96 of B.N.S., 2023.
3. As per the FIR, lodged by the father of the victim
girl, the sole accused-petitioner used to visit his house and he
got acquainted with his daughter and he gave one mobile to her
daughter for talking. When the informant came to know about
the mobile, he scolded her daughter and thereafter, he prohibited
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the entry of the petitioner in his house. On 17.01.2025 at 04 : 00
PM, the victim girl who was 16 years and 5 months old went to
a shop for purchasing some items, but she could not return her
home. Despite efforts to search her, the informant could not
trace his daughter and he suspected that the petitioner has
enticed his daughter away with ill intention.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in this
case. He further submits that as a matter of fact, the alleged
victim is a major and both love each other and without any
inducement on part of the petitioner, she came to him and
solemnized the marriage. However, when they were standing on
a bus stand to take a bus to go Samastipur, the police
apprehended them and at the of time of custody, the girl was
having sindur on her head and her palm and fingers were
coloured with red. He further submits that on account of
pressure from the family members of the alleged victim, she has
has supported the prosecution case. However, the petitioner still
recognizes the victim as legally married wife and he has
committed no offence. He further submits that as per the
allegation made in the FIR, there is consensual relationship with
the alleged victim and the petitioner and she is already major,
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because as per the medical test, her age has been assessed to be
below 18 years, whereas there is always possibility of error of
margin of age up to two years and if the margin of error of age
is added to 18 years, it will come to 20 years.
5. He further submits that the petitioner has been
languishing in jail since 28.01.2025.
6. It has also been stated in paragraph no. 3 of the bail
petition that the petitioner has no criminal antecedent.
7. It is also stated in paragraph no. 2 of the bail
petition that the petitioner has not moved this Court earlier
either for anticipatory bail or regular one.
8. However, learned APP for the State vehemently
opposes the prayer of the petitioner for bail submitting that this
is one of the heinous crimes and the alleged victim has not
supported the defense version in the statement as made by her in
her statement as recorded under Section 183 of BNSS.
9. I perused the material on recorded and considered
the rival submission of the parties.
10. The prosecution case itself shows that there was a
consensual relationship between the alleged victim and the
petitioner and as per the medical test, she seems to be 18 years
of age and if the benefit of margin of error of age up to two
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years is given to the victim, it will become 20 years. Moreover,
the petitioner is claiming to be legally wedded husband of the
victim and hence, they have entered into the marriage also.
Hence, there is no point to curtail the liberty of the petitioner
and not only charge-sheet has been submitted, but also charge
has been framed in this case.
11. Accordingly, this application is allowed,
directing the petitioner, above-named, to be enlarged on bail on
his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned concerned Court below in connection
with Angarghat P.S. Case No. 06 of 2025 on the following
conditions:
(i) The petitioner will make himself available for
interrogation by a police officer/court as and when required.
(ii) The petitioner will undertake that
investigation/trial will not get hampered on account of his
absence or non-cooperation. He must be available to the police
or the court whenever his presence is required.
(iii) The petitioner shall not, directly or indirectly
make any inducement, threat or promise to any person
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acquainted with the facts of the case so as to dissuade him from
disclosing such facts to the court or to any police officer.
(iv) In case, it is brought to the notice of the court
below that the petitioner has any criminal antecedents, learned
court below shall cancel the bail bonds of the petitioner after
hearing him and getting satisfied that the petitioner has
concealed his criminal antecedents despite his knowledge of the
same.
(v) In case, it is brought to the notice of the court
below that statement regarding previous bail petition is wrong,
learned court below shall cancel the bail bonds of the petitioner.
(Jitendra Kumar, J)
shoaib/-
U T
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