IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.24124 of 2026 Arising Out of PS. Case No.-224 Year-2025 Thana- PARSA District- Saran ====================================================== 1. Niraj Kumar @ Niraj Kumar Ram S/o Naresh Ram R/o Village- Shri Rampur Shaguni, Police Station- Parsa, District- Saran Chapra 2. Dhiraj Kumar @ Dhiraj Kumar Ram S/o Naresh Ram R/o Village- Shri Rampur Shaguni, Police Station- Parsa, District- Saran Chapra ... ... Petitioner/s Versus 1. The State of Bihar 2. XXX W/o YYY R/o vill - Shrirampur, P.S.- Parsa, Dist.- Saran (Chapra) ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Brij Kishor Mishra, Advocate. For the Opposite Party/s : Mr.Ajit Kumar, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 4 13-08-2026 Heard learned counsel appearing on behalf of the petitioners and learned APP for the State. 2. The petitioners seek pre-arrest bail in connection with Parsa P.S. Case No. 224 of 2025 registered for the offence(s) punishable under Sections 74, 76, 86, 87 and 98 of BNS and Sections 3, 4, 6, 7, 8, 10 and 12 of the POCSO Act. 3. As per the allegation made in the FIR, the petitioners, had been harassing the minor daughter of the informant and when the informant went to the house of the accused on 15.05.2025 to complain to the parents of the Patna High Court CR. MISC. No.24124 of 2026(4) dt.13-08-2026 2/8 petitioner, the accused persons allegedly abused and assaulted her. In due course, with intervention of well wishers, the dispute was subsequently resolved through panchayati. It is further alleged that on the evening of 20.05.2025, when the minor daughter of the informant went to the toilet, the petitioners along with other accused persons abducted the daughter of the informant. 4. Learned counsel appearing on behalf of the petitioners submitted that on the alleged date of offence, the survivor was not minor, she was aged about 19 years which is supported by her statement recorded under Section 183 BNSS before the Magistrate concerned. The survivor on her own being adult has solemnized marriage with the petitioner no.1 Niraj Kumar. He further submitted that parents cannot put any restriction if a major daughter or a son wants to marry of their own choice. Learned counsel further submitted that the dispute is private in nature and not against the society, as such, petitioners be released on pre-arrest bail. 5. Per contra, learned APP for the State submitted that the investigation is still going on and the possibility of the accused persons exerting pressure upon the survivor who has just emerged as an adult cannot be ruled out. He, however, Patna High Court CR. MISC. No.24124 of 2026(4) dt.13-08-2026 3/8 informs that the petitioner no. 1, with whom the survivor has married, is aged about 20 years and both are of approximately the same age. 6. Heard the parties. 7. The allegations in the present application are under Sections 74, 76, 86, 87 and 98 of BNS and Sections 3, 4, 6, 7, 8, 10 and 12 of the POCSO Act., which are reproduced hereinafter: BNS “74. Assault or use of criminal force to woman with intent to outrage her modesty. Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will thereby outrage her modesty, shall be punished with imprisonment of either description for a term which shall not be less than one year but which may extend to five years, and shall also be liable to fine 76. Assault or use of criminal force to woman with intent to disrobe. Whoever assaults or uses criminal force to any woman or abets such act with the intention of disrobing or compelling her to be naked, shall be punished with imprisonment of either description for a term which shall not be less than three years but which may extend to seven years, and shall also be liable to fine. 86. Cruelty defined. For the purposes of section 85, "cruelty" means-(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand. 87. Kidnapping, abducting or inducing woman to compel her marriage, etc. Whoever kidnaps or abducts any woman with intent that she may be compelled, or knowing it to be likely that she Patna High Court CR. MISC. No.24124 of 2026(4) dt.13-08-2026 4/8 will be compelled, to marry any person against her will, or in order that she may be forced or seduced to illicit intercourse, or knowing it to be likely that she will be forced or seduced to illicit intercourse, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and whoever, by means of criminal intimidation as defined in this Sanhita or of abuse of authority or any other method of compulsion, induces any woman to go from any place with intent that she may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall also be punishable as aforesaid. 98. Selling child for purposes of prostitution, etc.- Whoever sells, lets to hire, or otherwise disposes of any child with intent that such child shall at any age be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such child will at any age be employed or used for any such purpose, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Explanation 1. - When a female under the age of eighteen years is sold, let for hire, or otherwise disposed of to a prostitute or to any person who keeps or manages a brothel, the person so disposing of such female shall, until the contrary is proved, be presumed to have disposed of her with the intent that she shall be used for the purpose of prostitution. Explanation 2. - For the purposes of this section "illicit intercourse" means sexual intercourse between persons not united by marriage or by any union or tie which, though not amounting to a marriage, is recognised by the personal law or custom of the community to which they belong or, where they belong to different communities, of both such communities, as constituting between them a quasi-marital relation. POCSO ACT 6. Punishment for aggravated penetrative sexual assault.— Whoever, commits aggravated penetrative sexual assault, shall be punished with rigorous imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life and shall also be liable to fine. 7. Sexual assault.— Whoever, with sexual intent touches the vagina, penis, Patna High Court CR. MISC. No.24124 of 2026(4) dt.13-08-2026 5/8 anus or breast of the child or makes the child touch the vagina, penis, anus or breast of such person or any other person, or does any other act with sexual intent which involves physical contact without penetration is said to commit sexual assault. 8. Punishment for sexual assault.— Whoever, commits sexual assault, shall be punished with imprisonment of either description for a term which shall not be less than three years but which may extend to five years, and shall also be liable to fine. 10. Punishment for aggravated sexual assault.— Whoever, commits aggravated sexual assault shall be punished with imprisonment of either description for a term which shall not be less than five years but which may extend to seven years, and shall also be liable to fine. 12. Punishment for sexual harassment.— Whoever, commits sexual harassment upon a child shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine.” 8. I have perused the allegation made in the F.I.R. Informant is the mother of the survivor and there is every likelihood that she may not be very happy with the choice of her daughter who is major and has voluntarily solemnized marriage with petitioner no.1 out of her own will and desire. The said fact is supported by the statement of the survivor recorded under Section 183 BNSS, wherein, she had admitted before the Magistrate that her age is 19 years and she being adult is aware of her own personal interest and out of her own will and desire, she has solemnized marriage with petitioner no.1. Taking into consideration the personal liberty as enshrined under Article 21 of the Constitution of India and the law laid down by the Apex Patna High Court CR. MISC. No.24124 of 2026(4) dt.13-08-2026 6/8 Court in case of Laxmibai Chandaragi B. v. State of Karnataka, reported in (2021) 3 SCC 360, wherein it has been held that when two individuals have attained the age of majority and have voluntarily chosen to solemnize their marriage, their decision is entitled to primacy and cannot be interfered with merely on the ground of disapproval by their family, community or other persons. An adult individual is competent to make a choice regarding his or her life partner and is entitled to manage his or her affairs independently. The choice of an adult in matters of marriage forms an integral part of the right to dignity and personal liberty and cannot be curtailed on the basis of family or community honour. The relevant paragraphs are reproduced hereinafter: “10. Educated younger boys and girls are choosing their life partners which, in turn is a departure from the earlier norms of society where caste and community play a major role. Possibly, this is the way forward where caste and community tensions will reduce by such inter-marriage but in the meantime these youngsters face threats from the elders and the courts have been coming to the aid of these youngsters. 11. We are fortified in our view by earlier judicial pronouncements of this Court clearly elucidating that the consent of the family or the community or the clan is not necessary once the two adult individuals agree to enter into a wedlock and that their consent has to be piously given primacy. [Shakti Vahini v. Union of India, (2018) 7 SCC 192 : (2018) 3 SCC (Civ) 580 : (2018) 3 SCC (Cri) 1] It is in that context it was further observed that the choice of an individual is an inextricable part of dignity, for dignity cannot be thought of where there is erosion of choice. Such a right or choice is not expected to succumb Patna High Court CR. MISC. No.24124 of 2026(4) dt.13-08-2026 7/8 to the concept of “class honour” or “group thinking”. [Asha Ranjan v. State of Bihar, (2017) 4 SCC 397 : (2017) 2 SCC (Cri) 376] ” 9. In view of the above legal position and the backgrounds of the allegation and statement of the survivor recorded under Section 183 BNSS, I find that informant who is the mother may not be happy with the choice of her daughter who is a major and she has not alleged any overt act against the petitioner no.1 whom she admits to be her husband and petitioner no.2 who is the elder brother of the petitioner no.1 against whom also there is no material, have prima facie made out a case to be released on pre-arrest bail. 10. The petitioners, above named, are directed to be released on pre-arrest bail, in the event of their arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Additional Sessions Judge, POCSO, Chapra, Saran / concerned Court in connection with Parsa P.S. Case No. 224 of 2025, subject to the conditions as laid down under Section 482(2) of the BNSS. 11. The learned District Court is directed to verify the Patna High Court CR. MISC. No.24124 of 2026(4) dt.13-08-2026 8/8 criminal antecedent of the petitioners and if it is found that the petitioners are involved in some other cases, as what has been stated in paragraph no.3 of the bail application, this order will automatically lose its force. 12. The bail application, accordingly, stands disposed of. mantreshwar/- (Purnendu Singh, J) U T