Saurav Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15120 of 2026 Arising Out of PS. Case No.-27 Year-2024 Thana- Amhara District- Lakhisarai ====================================================== Saurav Kumar aged about 22 years (male) Son of Mahendra Paswan, Resident of Village - Naya Tola Janakpur Menora, P.S.- Amhara, District - Lakhisarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar Singh, Advocate For the Opposite Party/s :
Mr. Binod Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 25-03-2026 Heard learned counsel appearing on behalf of the petitioner and learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection with Amhara P.S. Case No. 27 of 2024 registered for the offence punishable under Section 87, 137(2) and 3(5) of the BNS.
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 marry with her.
4. Learned counsel appearing on behalf of the 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 Section 183 BNSS has stated that her parents had negotiated and fixed her marriage with another person, due to which, she went out of her house.
Patna High Court CR. MISC. No.15120 of 2026(2) dt.25-03-2026 2/3 Learned counsel further submitted that the petitioner has just emerged as an adult being aged about 22 years and at this stage, natural attraction for the opposite sex cannot be denied coupled with the several psychological and physiological change person undergo. The petitioner has clean antecedent. On these grounds, the petitioner seeks to be released on pre-arrest bail.
5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.
6. Considering the rival submissions made on behalf of the parties, as well as, the nature of allegation made in the FIR and the petitioner, who is 22 years old, has just emerged as an adult, 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,
Patna High Court CR. MISC. No.15120 of 2026(2) dt.25-03-2026 3/3 the petitioner is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Lakhisarai, in connection with Amhara P.S. Case No. 27 of 2024, subject to the condition as laid down under Section 438(2) Cr.P.C / 482(2) BNSS.
7. The 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 has been stated in Para3 of the bail petition, this order will automatically lose its force.
8. The bail application stands disposed of.
(Purnendu Singh, J) Niraj/- U T