Patna High Court
Ravi Kumar @ Ravi TantiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The petitioners are entitled to pre‑arrest bail subject to the conditions prescribed under Section 482(2) of the BNSS.
Summary
The petitioners, four siblings of the accused Karan Tanti, applied for pre‑arrest bail in a case (Nathnagar P.S. Case No. 152/2025) involving alleged offences under Sections 126(2), 115(2), 109, 96, 352 and 3(5) of the BNSS, where the co‑accused is said to have married a minor girl. The petitioners contended that they were falsely implicated merely because of their relationship with Karan Tanti, asserted a clean criminal record, and pointed to the victim’s statement that she had already married the co‑accused. The State opposed bail, arguing the seriousness of the allegations. The Court, relying on the precedent set by Vijayalakshmi & Anr. v. State (2021) SCC OnLine Mad 317 and noting that other co‑accused had been granted pre‑arrest bail, held that the petitioners had made out a prima facie case for bail. Consequently, the Court directed that the petitioners be released on pre‑arrest bail upon furnishing a bail bond of Rs 10,000 with two sureties, subject to Section 482(2) BNSS and verification of their antecedents by the District Court.
Issues considered
- Whether the petitioners are entitled to pre‑arrest bail despite the serious nature of the allegations.
- Whether the petitioners have a prima facie case of innocence warranting bail.
- Whether the provisions of Section 482(2) of the BNSS apply to the grant of pre‑arrest bail.
Subjects
- pre‑arrest bail
- criminal procedure
- minor marriage
- false implication
- clean antecedent
- Section 482
- BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87241 of 2025
Arising Out of PS. Case No.-152 Year-2025 Thana- NATHNAGAR District- Bhagalpur
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1. Ravi Kumar @ Ravi Tanti Son of Sitaram Tanti R/o village - Narga Diguj
Lane Dicruze Lane Narga, P.S.- Nathnagar, Dist.- Bhagalpur.
2. Pooja Devi Daughter of Sitaram Tanti R/o village - Narga Diguj Lane
Dicruze Lane Narga, P.S.- Nathnagar, Dist.- Bhagalpur.
3. Anand Kumar @ Anand Tanti Son of Sitaram Tanti R/o village - Narga
Diguj Lane Dicruze Lane Narga, P.S.- Nathnagar, Dist.- Bhagalpur.
4. Khushbu Devi Daughter of Sitaram Tanti R/o village - Narga Diguj Lane
Dicruze Lane Narga, P.S.- Nathnagar, Dist.- Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Davendra Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Ajit Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 28-01-2026 Heard Mr. Davendra Kumar Pandey, learned
counsel appearing on behalf of the petitioners and Ms. Ajit
Kumar, learned APP for the State.
2. The petitioners seek pre-arrest bail in connection
with Nathnagar P.S. Case No. 152/2025 registered for the
offence(s) punishable under Sections 126(2),115(2),109, 96, 352
and 3(5) of the BNS.
3. As per the allegation made in the FIR, the co-
accused namely, Karan Tani, who is brother of the petitioners,
had lured away the minor daughter of the informant, who was
Patna High Court CR. MISC. No.87241 of 2025(2) dt.28-01-2026
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aged about 17 years, 2 months and 11 days, with an intention to
perform marriage with her.
4. Learned counsel appearing on behalf of the
petitioners submitted that the petitioners are innocent and they
have falsely been implicated in the present case because they are
brother and sister of the co-accused Karan Tanti, who is in jail,
who has just emerged as an adult and natural attraction for the
opposite sex cannot be denied coupled with the several
psychological and physiological change person undergo. The
victim girl in her statement recorded under Section 183 BNSS
before the concerned magistrate, has stated that she has
performed marriage with the co-accused Karan Tanti and they
are residing as husband ad wife as would appear from the
impugned order. He submitted that the petitioners are nowhere
connected with the alleged offence and are innocent. Other co-
accused namely, Sitaram Tanti and Sita Devi have been granted
pre-arrest bail by a co-ordinate Bench of this Court vide order
dated 17.09.2025 passed in Criminal Miscellaneous No. 64579
of 2025. The petitioners have clean antecedent. On these
grounds, the petitioners seek to be released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail. However, he submitted that
Patna High Court CR. MISC. No.87241 of 2025(2) dt.28-01-2026
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the victim in her statement recorded under Section 183 of BNSS
has not supported the prosecution story.
6. Having considered the rival submissions made on
behalf of the parties, as well, having perused the allegation
made in the FIR, it is unsound to hear that a 19 years old boy,
who was unaware of the seriousness of the allegation, had
solemnized marriage with the minor daughter of the informant,
has been taken into custody. Consideration in this regard can be
made in light of the law laid down by the Madras High Court in
the case of Vijayalakshmi & Anr. vs. State Rep. by the
Inspector of Police & Anr. reported in (2021) SCC OnLine
Mad 317. The petitioners are own brother and sister of the co-
accused Karan Tanti and they have clean antecedent. The
victim girl in her statement recorded under Section 183 BNSS
before the concerned magistrate, has stated that she has
performed marriage with the co-accused Karan Tanti and they
are residing as husband ad wife as would appear from the
impugned order. Other co-accused namely, Sitaram Tanti and
Sita Devi have been granted pre-arrest bail by a co-ordinate
Bench of this Court vide order dated 17.09.2025 passed in
Criminal Miscellaneous No. 64579 of 2025. I am of the opinion
that petitioners have, prima facie, made out a case to be released
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on pre-arrest bail.
7. The petitioners, above named, are directed to be
released on pre-arrest bail, in the event of their 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) each with two sureties of the like
amount each to the satisfaction of learned District Court where
the case is pending in connection with Nathnagar P.S. Case No.
152/2025, 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 petitioners and if it is found
that the petitioners are 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)
Niraj/-
U T
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