Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31021 of 2026 Arising Out of PS. Case No.-203 Year-2024 Thana- TIKAPATTI District- Purnia ====================================================== Pawan Kumar S/O Late Dhaneshwar Mandal Resident of Vill.- Teldiha, P.S.- Tikapatti, Dist.- Purnea.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Gauri Devi W/O Sri Chamak Lal Mirdha Resident of Vill.- Teldiha, P.S.- Tikapatti, Dist.- Purnea.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amit Kumar Anand, Advocate For the Opposite Party/s :

Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER 24-06-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Tikapatti P.S. Case No. 203 of 2024 dated 17.11.2024 registered for the offences punishable under Sections 137(2), 87 and 3(5) of B.N.S.

3. As per the allegation, the minor daughter of the informant aged 16 years, who happens to be the victim of this case, had gone outside the house stating that she was going to fill-up the form in the school. It has further been alleged that when the daughter of the informant did not return back till night, search was made and during the course of search, it transpired

Patna High Court CR. MISC. No.31021 of 2026(3) dt.24-06-2026 2/3 that this petitioner had enticed away the daughter of the informant for the purpose of marriage while other co-accused persons have supported the petitioner in commission of such offence.

4. Learned counsel for the petitioner has submitted that petitioner is innocent and has falsely been implicated in this case. It has further been submitted that referring to the statement of the victim recorded under Section 183 of BNSS which was called for by order dated 11.05.2026 and has submitted that the victim in her statement has stated that she had acquaintance with the petitioner since last two years and without informing anybody she went along with this petitioner to Delhi and performed marriage with him and started leaving there. Learned counsel for the petitioner thus referring to the statement recorded under Section 183 of BNSS has stated that no element of enticing away or taking away against the petitioner. It has further been submitted that the victim was a consenting party.

It has further been submitted that the victim was on the verge of majority and she was not of such a tender age, so as not to understand the consequences.

Patna High Court CR. MISC. No.31021 of 2026(3) dt.24-06-2026 3/3 statement under Section 183 of BNSS. It has further been submitted that petitioner has got no criminal antecedent. It has lastly been submitted that petitioner is in custody since 11.03.2026, charge-sheet has been filed in this case and there is no allegation of tampering against the petitioner.

5. Learned A.P.P. for the State has vehemently opposed the prayer for bail of the petitioner.

6. Heard learned counsel for the parties and perused the records.

7. Considering the facts and circumstances of the case, particularly the statement of the victim recorded under Section 183 of BNSS, the petitioner above-named is directed to be enlarged on bail on furnishing bail-bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Purnea in connection with Tikapatti P.S. Case No. 203 of 2024.

8. The application stands allowed.

(Praveen Kumar, J) shivam/- U T