Patna High Court
Vikram KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The court held that the petitioner is entitled to pre‑arrest bail as the allegations are not substantiated and he has a clean antecedent.
Summary
Vikram Kumar, a 21‑year‑old, was charged under Section 96 of the B.N.S. for allegedly eloping with and kidnapping the minor daughter of an informant with intent to marry her. The victim’s statement under Section 183 before the magistrate indicated she went voluntarily to Patna with the petitioner and made no allegation of kidnapping or sexual assault. The petitioner, who has a clean criminal record, applied for pre‑arrest bail. The State opposed the bail, but the court noted the lack of incriminating evidence in the victim’s statement and the petitioner’s clean antecedent. Consequently, the court ordered that the petitioner be released on pre‑arrest bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S.
Issues considered
- Whether pre‑arrest bail should be granted in a case under Section 96 where the victim’s statement shows no coercion.
- Whether the petitioner’s age and clean antecedent justify the grant of bail.
- Whether the conditions prescribed in Section 482(2) of the B.N.S. are satisfied for bail.
Legislation cited
- B.N.S. — s. 183, 482, 96
Subjects
- pre‑arrest bail
- kidnapping
- minor
- sexual assault
- Section 96
- Section 183
- Section 482
- clean antecedent
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87697 of 2025
Arising Out of PS. Case No.-314 Year-2025 Thana- GAYA MUFASIL District- Gaya
======================================================
Vikram Kumar, Aged -21 Years, Gender- Male, Son of Dharmendra Rawat
Resident of Village - Dobhi, P.S. - Dobhi, District - Gaya.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gajendra Kumar Singh, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 28-01-2026 Heard Mr. Gajendra Kumar Singh, learned counsel
appearing on behalf of the petitioner and Mr. Sanjay Kumar
Singh, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Mufassil P.S. Case No. 314 of 2025, registered for the
offence punishable under Section 96 of the B.N.S.
3. As per the allegation made in the FIR, petitioner
had allegedly eloped with the minor daughter of the informant
with an intention to solemnize marriage with her.
4. Learned counsel appearing on behalf of the
petitioner submitted that petitioner has just emerged as an adult
and he is aged about 21 years. The petitioner and minor
daughter of the informant were friends. The victim girl has
nowhere alleged in her statement recorded under Section 183
Patna High Court CR. MISC. No.87697 of 2025(2) dt.28-01-2026
2/3
BNSS before the concerned magistrate that the petitioner, in any
manner, has forcibly kidnapped her and committed any sexual
assault, rather, she has given statement that she, on her own,
went to Patna along with the petitioner. Petitioner has clean
antecedent. On these grounds, petitioner seeks to be released on
pre-arrest bail.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Having considered the rival submissions made on
behalf of the parties, as well as, the fact that the victim girl, in
her statement recorded under Section 183 BNSS before the
concerned magistrate, nowhere alleged that the petitioner, in any
manner, has forcibly kidnapped her and committed any sexual
assault, rather, she has given statement that she, on her own,
went to Patna along with the petitioner. Petitioner, who is aged
about 21 years has just emerged as an adult and he has clean
antecedent. 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/her arrest or
surrender before the learned District Court within a period of
four weeks from today, on furnishing bail bond of Rs. 10,000/-
Patna High Court CR. MISC. No.87697 of 2025(2) dt.28-01-2026
3/3
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned District Court where the
case is pending, in connection with Mufassil P.S. Case No. 314
of 2025, subject to the condition 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 as stated in
paragraph no. 3 of the bail application. If any other case is
pending against the petitioner as what has been stated in
paragraph no. 3, this order will lose its force automatically.
(Purnendu Singh, J)
Niraj/-
U T
Checking your session…