Consent and absence of force in elopement cases mitigates the need for pre-arrest detention.

2 28-01-2026 Heard Mr. Gajendra Kumar Singh, learned counsel appearing on behalf of the petitioner and Mr. Sanjay Kumar Singh, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Mufassil P.S. Case No. 314 of 2025, registered for the offence punishable under Section 96 of the B.N.S.

3. As per the allegation made in the FIR, petitioner had allegedly eloped with the minor daughter of the informant with an intention to solemnize marriage with her.

4. Learned counsel appearing on behalf of the petitioner submitted that petitioner has just emerged as an adult and he is aged about 21 years. The petitioner and minor daughter of the informant were friends. The victim girl has nowhere alleged in her statement recorded under Section 183 BNSS before the concerned magistrate that the petitioner, in any manner, has forcibly kidnapped her and committed any sexual assault, rather, she has given statement that she, on her own, went to Patna along with the petitioner. Petitioner has clean antecedent. On these grounds, petitioner seeks to be released on pre-arrest bail.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Having considered the rival submissions made on behalf of the parties, as well as, the fact that the victim girl, in her statement recorded under Section 183 BNSS before the concerned magistrate, nowhere alleged that the petitioner, in any manner, has forcibly kidnapped her and committed any sexual assault, rather, she has given statement that she, on her own, went to Patna along with the petitioner. Petitioner, who is aged about 21 years has just emerged as an adult and he has clean antecedent. I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail.

7. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of his/her 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) with two sureties of the like amount each to the satisfaction of the learned District Court where the case is pending, in connection with Mufassil P.S. Case No. 314 of 2025, subject to the condition as laid down under Section

482(2) of the BNSS.

8. The learned District Court is directed to verify the criminal antecedent of the petitioner as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner as what has been stated in paragraph no. 3, this order will lose its force automatically.

(Purnendu Singh, J)