Patna High Court
Bipin Kumar @ Vipin KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner, directing release upon furnishing a bail bond with two sureties.
Summary
The petitioner, Bipin Kumar, was arrested in connection with a case alleging kidnapping, child marriage and offences under the POCSO Act. The prosecution claimed the petitioner abducted the informant’s daughter, who was later found to have allegedly married him and was under the age of consent. The defence argued that the petitioner was falsely implicated, highlighted inconsistencies between two FIRs regarding the victim’s age (17 vs 18), and asserted that the victim voluntarily accompanied the petitioner. The victim’s statement under Sections 180 and 183 of the B.N.S. indicated she went of her own accord, undermining the kidnapping allegation. After hearing both sides, the Court found the bail application persuasive and ordered the petitioner to be released on bail upon furnishing a bond with sureties.
Issues considered
- Whether the petitioner is entitled to bail despite charges under Sections 137(2) and 96 of the B.N.S., Section 8 of the POCSO Act and Section 9 of the Prohibition of Child Marriage Act.
- Whether the inconsistencies in the victim’s age and the existence of two FIRs affect the merit of the prosecution’s case.
- Whether the victim’s voluntary statement under Sections 180 and 183 of the B.N.S. negates the kidnapping allegation.
Legislation cited
- B.N.S. — s. 137(2), 96
- Prohibition of Child Marriage Act — s. 9
- Protection of Children from Sexual Offences (POCSO) Act — s. 8
Subjects
- bail
- kidnapping
- child marriage
- POCSO
- age of consent
- double FIR
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89460 of 2025
Arising Out of PS. Case No.-7 Year-2025 Thana- MITHANPURA District- Muzaffarpur
======================================================
Bipin Kumar @ Vipin Kumar, S/O Sanjoo Paswan, R/O Shakti Nagar Colony,
Sherpur, P.S- Sadar, Distt.- Muzaffarpur.
... ... Petitioner/s
Versus
1. The State of Bihar
2. X W/O Y, R/O Sherpur, Kayasth Tola, P.S- Sadar, Distt.- Muzaffarpur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amit Kumar Jha, Advocate
For the Opposite Party/s : Mr. Upendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Mithanpura P.S. Case No. 7 of 2025 (Gr. No. 170 of 2025)
registered for the offence punishable under Sections 137(2) and
96 of B.N.S., Section 8 of POCSO Act and Section 9 of
Prohibition of Child Marriage Act.
3. The case of the prosecution, in short, is that the
daughter of the informant has gone in a coaching but when she
did not return for a considerable time, she was being searched
and the informant came to know that she has been kidnapped by
this petitioner.
Patna High Court CR. MISC. No.89460 of 2025(2) dt.15-01-2026
2/3
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. It has further been submitted that for the same occurrence,
two F.I.Rs. have been lodged. In the present F.I.R., the age of
the victim has been disclosed to be 18 years whereas in the
subsequent F.I.R., the age of the victim has been disclosed as 17
years. It has also been submitted that during course of
investigation, the victim has given her statement under Sections
180 and 183 of the B.N.S.S. wherein she has stated that the
petitioner told her to follow him to the fair. She followed him.
After that, they went to station on a tempo. They took a train
and went to Samastipur. There, they live for four days in a room
and both have solemnized marriage. It has also been submitted
that from perusal of the statement of the victim under Section
183 of the B.N.S.S., it is clear that she was not enticed by the
petitioner rather she has gone herself with the petitioner. It has
also been submitted that there is different version of the
prosecution regarding the age of the victim. Learned counsel for
the petitioner has also submitted that he has filed the documents
showing that the victim is aged about 18 years. Petitioner is
languishing in judicial custody since 23.06.2025.
Patna High Court CR. MISC. No.89460 of 2025(2) dt.15-01-2026
3/3
5. Learned APP appearing for the State has
vehemently opposed the application for bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned J.M. 1 st
Class(East), Court No. 17, Muzaffarpur in connection with
Mithanpura P.S. Case No. 7 of 2025 (Gr. No. 170 of 2025).
(Ashok Kumar Pandey, J)
lata/-
U T
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