Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3122 of 2026 Arising Out of PS. Case No.-39 Year-2025 Thana- MAINATAND District- West Champaran ====================================================== Chandan Kumar S/o Sugriv Patel R/o Village- Rampurwa, PS- Mainatand, Distt- West Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

X S/o Mahesh Das R/o vill - Rampurwa, ward no. 1, P.S.- Mainatand, Distt.- West Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dharmesh Kumar Chaubey, Advocate For the State :

Mr. Zainul Abedin, APP For the O.P. No.2 :

Mr. Utpal Kant, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 28-01-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State and learned counsel for the opposite party no.2.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 137(2), 96, 352, 351(2), and 3(5) of the B.N.S. and later on Section 8 of the POCSO Act was added.

3. The allegation in the First Information Report is that the informant's minor daughter was enticed away by the petitioner.

4. Learned counsel for the petitioner submits that the victim in her statement under Section 183 of the B.N.S.S. has

Patna High Court CR. MISC. No.3122 of 2026(2) dt.28-01-2026 2/2 admitted that she had gone along with the petitioner at her own will and has even solemnized married with the petitioner and at present both are living as husband and wife. This fact has not been controverted by the learned counsel appearing on behalf of the opposite party no.2.

5.

Taking into consideration the facts and circumstances and considering the fact that there was a love relationship between the petitioner and the daughter of the informant and further considering that they are now married and staying together as husband and wife, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below 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 the learned Court below where the case is pending/successor Court in connection with Mainatand P.S. Case No. 39 of 2025, subject to the condition as laid down under Section 438 (2) of the Cr.P.C/ Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. (Soni Shrivastava, J) anand/- U T