IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.47238 of 2025 Arising Out of PS. Case No.-38 Year-2025 Thana- KHAJEKALA District- Patna ====================================================== Shivam Kumar S/o- Krishna Mahto Resident of Village- Ranipur Neemtal PS- Khaje Kalan Patna City, Dist- Patna ... ... Petitioner/s Versus 1. The State of Bihar 2. Rajesh kumar s/o sajdeo gope r/o New colony Harnaha Tola ward no-63 patna city p.s- khajkala ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Santosh Kumar Singh, Advocate. For the Opposite Party/s : Mr.Rajendra Singh, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 5 17-01-2026 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 Khaje Kalan P.S. Case No. 38 of 2025 registered for the offence punishable under Sections 137 and 96 of the BNS. 3. As per the allegation made in the FIR, petitioner 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 Patna High Court CR. MISC. No.47238 of 2025(5) dt.17-01-2026 2/3 has stated that she has solemnized marriage with the petitioner out of her own will and the said fact has surfaced in Para-30 of the case diary. Learned counsel further submits that the petitioner has just emerged as an adult being aged about 21 years and the victim is aged about 14 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 21 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 Patna High Court CR. MISC. No.47238 of 2025(5) dt.17-01-2026 3/3 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, 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 Judicial Magistrate 1st Class, Patna City, Patna in connection with Khaje Kalan P.S. Case No. 38 of 2025, 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 Para- 3 of the bail petition, this order will automatically lose its force. 8. The bail application stands disposed of. mantreshwar/- (Purnendu Singh, J) U T