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Patna High Court

Pavan Kumar Chaudhary @ Pavan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court conditionally ordered pre‑arrest bail, subject to verification of the victim’s consent and the petitioner’s clean antecedent.

Summary

Pavan Kumar Chaudhary, a 23‑year‑old, was arrested for kidnapping a 16‑year‑old girl with alleged intent to solemnise marriage, offences punishable under Sections 96, 3(5) of the BNS and Sections 8, 12 of the POCSO Act. The victim’s statements under Sections 180 and 183 of the BNS claim the marriage was of her own will, and the petitioner asserts his innocence and clean antecedent. The State opposed pre‑arrest bail, while the petitioner relied on the victim’s alleged consent and a recent Madras High Court decision. The Patna High Court, noting the petitioner’s age and psychological factors, directed the District Court to verify the victim’s statement and the petitioner’s criminal antecedent. If the victim’s statement confirms consent and no other cases are found, the petitioner is to be released on pre‑arrest bail upon furnishing a Rs 10,000 bond with two sureties, subject to Section 482(2) of the BNS.

Issues considered

  • Whether pre‑arrest bail should be granted in a kidnapping and POCSO case where the minor alleges consent to marriage
  • Whether the petitioner’s age and psychological maturity justify bail
  • Whether the victim’s statement under Sections 180/183 BNS can be relied upon to discharge the prosecution

Legislation cited

Subjects

  • pre‑arrest bail
  • kidnapping
  • POCSO
  • minor consent
  • psychological maturity
  • Section 482
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.92066 of 2025
                        Arising Out of PS. Case No.-695 Year-2024 Thana- NAGAR District- Vaishali
                 ======================================================
                 Pavan Kumar Chaudhary @ Pavan Kumar, aged about 23 years, Male, S/O
                 Ganesh Chaudhary, R/o Village- Chhipi Tola, Chauhatta, PS- Town Hajipur,
                 District- Vaishali

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    X through her father Prakash Kumar Thakur S/o Birendra Thakur, R/o vill -
                 Rajendra Chowk, Pokhra Mohalla, Prem Market, Gudri Road, P.S.- Town
                 Hajipur, Distt.- Vaishali

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Manish Kumar, Advocate
                 For the Opposite Party/s :        Mr. Ajit Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   04-02-2026                             Heard Mr. Manish Kumar, learned counsel

                   appearing on behalf of the petitioner and Ms. Ajit Kumar,

                   learned APP for the State.

                                2. The petitioner seeks pre-arrest bail in connection

                   with Town Hajipur P.S. Case No. 695/2024 registered for the

                   offence(s) punishable under Sections 96, 3(5) of the BNS and

                   Section 8, 12 of the POCSO Act.

                                3. As per the allegation made in the FIR, petitioner

                   along with other accused persons, had kidnapped the minor

                   daughter of the informant with an intention to solemnized

                   marriage with her.

                                4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.92066 of 2025(2) dt.04-02-2026
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          petitioner submitted that the petitioner is innocent and he has

          falsely been implicated in the case. As per the impugned order,

          the victim in her statement recorded under Sections 180 and 183

          BNSS, has stated that she has solemnized marriage with the

          petitioner out of her own will. Learned counsel further submits

          that the petitioner has just emerged as an adult being aged about

          23 years and the victim is aged about 16 years and at this stage,

          natural attraction for the opposite sex cannot be denied coupled

          with the several psychological and physiological change person

          undergo. Other co-accused namely, Kiran Devi has been granted

          pre-arrest bail by a co-ordinate Bench of this Court vide order

          dated 19.04.2025 passed in Criminal Miscellaneous No. 87405

          of 2024. The petitioner has clean antecedent. On these grounds,

          the 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. However, he submitted that

          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 as, having perused the allegation

          made in the FIR, the nature of allegation made in the FIR and

          the petitioner, who is 23 years old, has just emerged as an adult,
Patna High Court CR. MISC. No.92066 of 2025(2) dt.04-02-2026
                                            3/4




          going through psychological, physiological, as well as,

          biological changes and infatuation and attraction for the

          opposite sex is natural and he may be unaware of the rigors of

          his wrong doing. 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,.

          Learned District Court is directed to verify the statement of the

          victim recorded under Section 183 of the BNSS and if it is

          found that she has admitted the relationship with the petitioner

          and has not supported the prosecution story, then in that case,

          the petitioner, above named, is directed to be released on pre-

          arrest bail, in the event of his 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)

          with two sureties of the like amount each to the satisfaction of

          learned District Court where the case is pending in connection

          with Town Hajipur P.S. Case No. 695/2024, subject to the

          conditions as laid down under Section 482(2) of the BNSS.

                       7. The learned District Court is directed to verify

          the criminal antecedent of the petitioner and if it is found

          that the petitioner is involved in some other cases, as what
              Patna High Court CR. MISC. No.92066 of 2025(2) dt.04-02-2026
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                        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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