Patna High Court
Sawan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PARTHA SARTHY
Holding
The court denied bail, holding that the seriousness of the alleged offence and the victim's minor status warrant continued custody.
Summary
The petitioner, Sawan Kumar, was arrested in connection with a case registered under section 96 of the Bharatiya Nyaya Sanhita, 2023 and section 4 of the POCSO Act, alleging that he kidnapped a 14‑year‑old girl for the purpose of marriage. The prosecution’s informant claimed the minor was abducted, while the girl’s statement recorded under section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023 indicated she had been in a consensual relationship with the petitioner, was married to him and was pregnant. The State opposed bail, relying on a medical report that assessed the girl’s age to be between 14 and 16 years, confirming her status as a minor. The court considered the seriousness of the alleged offence, the minor’s age, and the fact that the petitioner had allegedly established physical relations with a minor. Consequently, the court refused to grant regular bail and ordered the trial court to expedite the trial. The bail application was therefore dismissed.
Issues considered
- Whether regular bail can be granted to the accused in a case involving alleged kidnapping and marriage of a minor under the POCSO Act and Bharatiya Nyaya Sanhita.
- Whether the age of the alleged victim, as determined by medical report, precludes the grant of bail.
- Whether the statement of the alleged victim under section 183 of the Bharatiya Nagarik Suraksha Sanhita affects the bail decision.
Legislation cited
Subjects
- bail
- kidnapping
- child marriage
- POCSO
- minor
- age determination
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89110 of 2025
Arising Out of PS. Case No.-493 Year-2025 Thana- AMARPUR District- Banka
======================================================
Sawan Kumar, S/o Binod Das @ Vinod Das, Resident of Kulharia,
(Kulhadiya), (Aminpur), P.S- Amarpur, District- Banka
... ... Petitioner/s
Versus
1. The State of Bihar
2. Manohar Prasad Singh, S/o Raju Prasad Singh, R/o village- Nandlal Patti,
P.s.- Amarpur, District- Banka
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar Pandey, Advocate
Mr. Hemant Kumar Srivastav, Advocate
Mr. Ashok Kumar Singh, Advocate
For the Opposite Party/s : Ms. Pushpa Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
5 19-03-2026 Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Amarpur P.S. Case
no.493 of 2025, registered under section 96 of the Bharatiya
Nyaya Sanhita, 2023 and section 4 of the POCSO Act.
3. As per the prosecution case, the informant states
that his 14 year old minor daughter was kidnapped by the
petitioner for the purpose of marriage.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.89110 of 2025(5) dt.19-03-2026
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petitioner has been falsely implicated in the case. The daughter
of the informant returned and her statement was recorded under
section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023
wherein she has not supported the prosecution case insofar as
she states therein that she was in the contact with the petitioner
for the last 1.5 years and she went with the petitioner and
married him and it appears that she is pregnant. The petitioner is
in custody since 20.7.2025 and has no criminal antecedent.
Charge-sheet has been submitted in the case.
5. The prayer for bail is opposed by learned A.P.P for
the State who submits that on return, the daughter of the
informant was medically examined and in the radiological
report, her age has been assessed to be between 14 to 16 years.
Thus she was clearly a minor.
6. Having heard learned counsel for the parties and
taking into consideration the allegation against the petitioner in
the F.I.R., the material that has transpired in course of
investigation especially the contents of the medical report
wherein her age has been assessed to be between 14-16 years
together with the facts which have transpired about the
petitioner having established physical relations with the minor,
the Court is not inclined to enlarge the petitioner on bail and the
Patna High Court CR. MISC. No.89110 of 2025(5) dt.19-03-2026
3/3
application is rejected.
7. Learned trial Court is directed to expedite the trial.
(Partha Sarthy, J)
avinash/-
U T
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