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Patna High Court

Rohit Kumar @ Suraj KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that bail should be granted to the petitioner.

Summary

The petitioner, Rohit Kumar, was arrested in connection with a case originally filed under Sections 96 and 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Section 4 of the POCSO Act, later amended to include Sections 137(2), 96, 3(5) of the BNS and Sections 4 and 8 of the POCSO Act. The prosecution alleged that the petitioner abducted the informant’s daughter with the intent to marry her, constituting an offence under Section 137(2) of the BNS. The petitioner contended that the relationship was consensual, the victim voluntarily married him, and there was no element of enticing or taking away as required for the offence. The victim’s statement recorded under Section 183 of the BNS affirmed her voluntary marriage to the petitioner. The State opposed bail, citing the seriousness of the offences under both the BNS and the POCSO Act. Considering the victim’s voluntary statement and the circumstances, the Court granted bail on a bond of Rs. 10,000 with two sureties of equal amount.

Issues considered

  • Whether the petitioner is liable under Section 137(2) of the Bhartiya Nyaya Sanhita for allegedly abducting the victim for marriage
  • Whether the victim’s voluntary statement under Section 183 of the BNS negates the element of ‘enticing away’ required for the offence
  • Whether bail should be granted in a case involving offences under the BNS and the POCSO Act

Legislation cited

Subjects

  • bail
  • child sexual offence
  • abduction
  • marriage
  • consent
  • Bhartiya Nyaya Sanhita
  • POCSO Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9949 of 2026
                    Arising Out of PS. Case No.-126 Year-2025 Thana- HULASGANJ District- Jehanabad
                 ======================================================
                 Rohit Kumar @ Suraj Kumar S/O Navlesh Malakar @ Navlesh Kumar R/O
                 Village- Bhane Bigha, P.S- Makhdumpur, Distt.- Jehanabad.
                                                                           ... ... Petitioner
                                                  Versus
           1.     The State of Bihar Bihar
           2.    X S/O Y R/O Village- Musauli, P.S- Hulasganj, Distt.- Jehanabad.

                                                         ... ... Opposite Parties
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Umesh Kumar
                 For the Opposite Party/s :       Mr.Sanjay Kumar Tiwary
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

3   01-04-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State. None appears on behalf of opposite party

                   No. 2.

                                2. The petitioner seeks bail in connection with

                   Hulasganj P.S. Case No. 126 of 2025/POCSO Case No. 79 of

                   2025, initially registered for the offence under Sections 96 and

                   3(5) of the Bhartiya Nyaya Sanhita, 2023 and Section 4 of the

                   POCSO Act, however, later on charge-sheet has been submitted

                   under Sections 137(2), 96 and 3(5) of the Bhartiya Nyaya

                   Sanhita, 2023 and Sections 4 and 8 of the POCSO Act and

                   cognizance was taken under Sections 64(1), 137(2) and 87 of

                   the Bhartiya Nyaya Sanhita, 2023 and Sections 4 and 8 of the

                   POCSO Act.
Patna High Court CR. MISC. No.9949 of 2026(3) dt.01-04-2026
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                        3. As per the prosecution case, the daughter of the

          informant used to study at Islampur and, on 24.03.2025, when

          the daughter of the informant went to attend the coaching

          classes and did not return by evening, search was made and

          during course of search, the informant came to know that the

          petitioner has abducted the informant’s daughter for the purpose

          of marriage with the help of his father and sister.

                        4. Learned counsel appearing for the petitioner

          submits that, in fact, the petitioner and the victim were in love

          and the victim willfully joined the company of the petitioner and

          there is no element of enticing away or taking away as

          envisaged under Section 137(2) of the BNS so as to constitute

          offence under Section 96 BNS and both of them have married

          together willfully and as per the statement of victim recorded

          under Section 183 of the BNSS, she willfully married with the

          petitioner.

                        5. Learned A.P.P. for the State vehemently opposed

          the prayer for bail of the petitioner.

                        6. Considering the facts and circumstances of the case

          and the statement of the victim under Section 183 of the BNSS,

          let the, above named, petitioner be released on bail on

          furnishing bail bond of Rs. 10,000/- (ten thousand) with two
          Patna High Court CR. MISC. No.9949 of 2026(3) dt.01-04-2026
                                                      3/3




                    sureties of the like amount each to the satisfaction of learned

                    Additional Sessions Judge-VI-cum-Exclusive Special Judge

                    (POCSO), Jehanabad, in connection with Hulasganj P.S. Case

                    No. 126 of 2025/POCSO Case No. 79 of 2025.



                                               (Praveen Kumar, J)
Pawan/-

U     T


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