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Patna High Court

Rahul Kumar @ Krishna Kumar MahatoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




                        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
                                                       3/3




                     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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