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Patna High Court

Pappu Kumar @ Pappu MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.80271 of 2025(3) dt.21-01-2026
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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,
Patna High Court CR. MISC. No.80271 of 2025(3) dt.21-01-2026
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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
Patna High Court CR. MISC. No.80271 of 2025(3) dt.21-01-2026
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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
               Patna High Court CR. MISC. No.80271 of 2025(3) dt.21-01-2026
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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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