Patna High Court
Rahul Kumar @ Krishna Kumar MahatoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The petitioner has made out a prima facie case for pre‑arrest bail and is entitled to be released on bail subject to conditions.
Summary
Rahul Kumar, a 20‑year‑old, was charged with kidnapping the minor daughter of an informant for the purpose of marriage, under Sections 137(2), 96, 303(2), 3(5) of the Bihar Negotiable Statutes (BNS) and Section 4 of the POCSO Act. He applied for pre‑arrest bail, claiming the girl consented to leave home and marry him, and that his relationship was consensual, supported by a statement recorded under Section 183 of the BNS. The State and the informant opposed bail, arguing the seriousness of kidnapping a minor. The court considered the victim’s statement, the petitioner’s age, clean antecedent, and the prima‑facie nature of the case, and concluded that bail was appropriate. Accordingly, the court ordered his release on pre‑arrest bail with a bond of Rs 10,000 and two sureties, subject to Section 482(2) of the BNS and verification of any other criminal antecedents.
Issues considered
- Whether pre‑arrest bail should be granted in a kidnapping case involving a minor under the BNS and POCSO Act
- Whether the victim’s statement under Section 183 BNS indicating consent affects the bail decision
- Whether the petitioner’s age and clean antecedent justify granting bail
Legislation cited
- Bihar Negotiable Statutes (BNS) — s. 137(2), 303(2), 3(5), 482(2), 64(1), 96
- Protection of Children from Sexual Offences Act, 2012 — s. 4
Subjects
- pre‑arrest bail
- kidnapping
- minor
- consent
- POCSO Act
- Section 183
- age of majority
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85311 of 2025
Arising Out of PS. Case No.-41 Year-2025 Thana- BAIRIYA District- West Champaran
======================================================
Rahul Kumar @ Krishna Kumar Mahato, aged about 20 years, Male, Son of
Manoj Mahato R/o Village - Gurwaliya Viswas, Ward No.- 12, P.S.-
Manuapul, Dist.- West Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar
2. X Son of Late Madan Mahato R/o - Sant Ghat, P.S.- Bairiya, Dist.- West
Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Gyan Prakash, Advocate
For the Opposite Party/s : Mr.Ramchandra Sahni, APP
For the informant : Mr. Abhinav Anand, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
5 04-05-2026 Heard learned counsel appearing on behalf of the
petitioner; learned APP for the State and learned counsel for the
informant.
2. The petitioner seeks pre-arrest bail in connection
with Bairiya P.S. Case No. 41 of 2025 registered for the
offence(s) punishable under Sections 137(2), 96, 303(2) and
3(5) of BNS and Sections charge-sheet has been submitted
under Section 137(2), 96, 64(1) of BNS and Section 4 of
POCSO Act.
3. As per the allegation made in the FIR, the
petitioner has kidnapped the minor daughter of the informant
with an intention to marry with her.
Patna High Court CR. MISC. No.85311 of 2025(5) dt.04-05-2026
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4. Learned counsel appearing on behalf of the
petitioner submitted that petitioner is innocent, aged about 20
years and he was in love relationship with the victim and has not
forcibly kidnapped her, rather the victim girl willingly went with
the petitioner. Learned counsel further submitted that the
victim is adolescent and the petitioner has just emerged an adult
and victim are/were undergoing with psychological,
physiological as well as biological changes and attraction for
opposite sex is natural. The statement of girl has been recorded
under Section 183 of BNSS in which she has also stated that she
herself has left home out of grudge with her family members
and thereafter she solemnized marriage with the petitioner.
Petitioner has clean antecedent.
5. Learned counsel appearing on behalf of the
informant and learned APP appearing on behalf of 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, the fact that the victim in her
statement recorded under Section 183 BNSS has stated that she
herself has left her home due to grudge with her family
members, I find that the victim is adolescent and the petitioner
have just emerged an adult and are/were undergoing
Patna High Court CR. MISC. No.85311 of 2025(5) dt.04-05-2026
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psychological, physiological as well as biological changes and
infatuation and attraction for the opposite sex is natural. I am
of the opinion that petitioner has, prima facie, made out a case
to be released on pre-arrest bail.
7. The petitioner, above named, is directed to be
released on pre-arrest bail, 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 District and Additional Sessions Judge
VII-cum-Special Judge (POCSO), Bettiah, West Champaran /
Concerned Court in connection with Bairiya P.S. Case No. 41 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.
(Purnendu Singh, J)
Sanjay/-
U T
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