Patna High Court
Rohit Kumar @ Suraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
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
- Bhartiya Nyaya Sanhita, 2023 — s. 137(2), 183, 3(5), 64(1), 87, 96
- Protection of Children from Sexual Offences (POCSO) Act — s. 4, 8
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
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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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