Patna High Court
HEERA KUMAR @ HEERA MANDAL @ HIRA KUMARversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJEEV RANJAN PRASAD
Holding
The court granted pre‑arrest bail to the petitioner subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioner, Heera Kumar, sought pre‑arrest bail in a case involving alleged kidnapping, forced marriage, sexual assault and related offences under the IPC and POCSO Act. The victim, a 20‑year‑old woman, allegedly eloped with the petitioner in September 2021, later claiming she was forced into marriage and subjected to torture, with a complaint filed only after a four‑month delay. The petitioner’s counsel argued that the victim is an adult, the delay was due to a personal fallout, and the petitioner has a single prior criminal record. The State opposed bail, citing the victim’s statement that the marriage was forced and that the petitioner kept her in a rented house. The court, noting the victim’s age, the belated complaint, and the petitioner’s antecedent, granted bail subject to a bond, sureties and verification of the antecedent under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether pre‑arrest bail should be granted in a case involving alleged kidnapping, forced marriage and sexual offences under the IPC and POCSO Act.
- Whether the delay in filing the complaint and the victim’s adult status affect the bail decision.
- Whether the petitioner’s prior criminal antecedent warrants denial of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 164
- Indian Penal Code — s. 34, 354, 363, 366A, 376, 511
- Protection of Children from Sexual Offences Act, 2012 — s. 4, 6
Subjects
- pre‑arrest bail
- IPC
- POCSO Act
- kidnapping for marriage
- forced marriage
- sexual assault
- criminal antecedent
- delay in complaint
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86184 of 2023
Arising Out of PS. Case No.-134 Year-2022 Thana- PUPRI District- Sitamarhi
======================================================
Heera Kumar @ Heera Mandal @ Hira Kumar S/o Anil Mandal R/o Village-
Jhajhihat, P.S- Pupri, Distt.- Sitamarhi.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Jha, Advocate
For the State : Mr. Rajiv Nayan, APP
For the Informant : Mr. Virendra Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
ORAL ORDER
3 25-02-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned A.P.P. for the State.
2. The petitioner, in the present case, is seeking pre-
arrest bail in connection with Pupri P.S. Case No. 134 of 2022
registered for the offences punishable under Sections 363,
366A, 354, 376, 511 and 34 of the Indian Penal Code and
Sections 4/6 of the Protection of Children from Sexual Offences
Act, 2012. The petitioner has got one criminal antecedent.
3. As per the prosecution story, the complainant has
alleged that on 19.09.2021 her minor daughter has been lured
and taken away by the accused persons with an intention to
marry her. It is alleged that her daughter took away ornaments,
clothes and cash Rs. 25,000/- with herself. Due to social stigma,
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the complainant did not lodge any case and kept on searching
for her daughter and later on came to know that this petitioner
has married with her daughter. On. 07.01.2022 in the morning,
complainant's husband heard sound of his daughter and saw that
his daughter was being assaulted by the accused persons and
when he protested, he was also threatened. His daughter
disclosed that for the last four months, the accused has been
establishing physical relationship with her on the pretext of
marriage.
4. Learned counsel for the petitioner submits that this
FIR has been registered on 13.05.2022 on the basis of a
complaint case bearing number 15 of 2022 filed in the court of
learned Sub-Divisional Magistrate, Pupri, Sitamarhi. It is
pointed out that the complainant/informant alleged that the
petitioner had lured and taken away her daughter with an
intention to marry her. The informant kept searching her
daughter, but she could not be found. Later on, it has been
noticed by the father of the victim that this petitioner has
solemnised marriage with his daughter and later on abandoned
her.
5. Learned counsel submits that in this case, the
victim is 20 years old and this Court has noticed the earlier
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submission of learned counsel for the petitioner in its order
dated 12.07.2024 wherein it has been recorded that the victim
had herself eloped with the petitioner on 19.09.2021, no
complaint was lodged by her parents for a period of about four
months thereafter.
6. Learned counsel submits that the allegations made
in the complaint petition are a result of the fallout between the
petitioner and the victim who is an adult.
7. The prayer has been opposed by the learned
counsel for the informant and learned Additional Public
Prosecutor for the State. It is submitted that in her 164 CrPC
statement, the victim has stated that she was forcefully married
and then she was also tortured by the petitioner who kept her in
a rented house.
8. Having regard to the facts and circumstances of the
case, on noticing that this victim was 20 years old at the time of
occurrence and only at a belated stage, a complaint has been
filed and allegation has been made against the petitioner, this
Court directs that in case of his arrest/surrender within a period
of four weeks from today, let the petitioner above-named be
enlarged on bail on furnishing bail bond of Rs. 25,000/- (Twenty
Five Thousand) with two sureties of the like amount each to the
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satisfaction of learned A.D.J.-VI-cum-Special Judge POCSO
Act, Sitamarhi in connection with Pupri P.S. Case No. 134 of
2022 subject to the conditions as laid down under Section
482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
9. And further condition that the learned trial court
shall verify the criminal antecedent of the petitioner and in case
at any stage it is found that the petitioner has concealed his
criminal antecedent, the learned trial court shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
10. This application stands allowed.
(Rajeev Ranjan Prasad, J)
Rishi/-
U T
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