Patna High Court
Dharmendra PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
The petitioner, Dharmendra Prasad, was arrested on 24‑08‑2025 in connection with a kidnapping case under Sections 137(2) and 96 of the Bharatiya Nyay Sanhita, 2023, alleging he abducted the informant's daughter for marriage. The prosecution alleged kidnapping, while the victim’s statement recorded under Section 164 of the CrPC (Section 183 of the BNSS) indicated she had voluntarily married the petitioner in 2024 and did not support the charge. The petitioner claimed a clean antecedent and that the allegations were fabricated. The Additional Public Prosecutor opposed bail, but the court noted the victim’s supportive statement and the petitioner’s lack of prior convictions. Consequently, the court granted bail on a Rs.10,000 bond with two sureties, subject to conditions of cooperation, presence in court, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether bail should be granted to the accused under Sections 137(2) and 96 of the Bharatiya Nyay Sanhita, 2023 in view of the victim’s statement and the petitioner’s clean antecedent.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 137(2), 96
- Code of Criminal Procedure, 1973 — s. 164, 183
Subjects
- bail
- kidnapping
- marriage
- victim statement
- clean antecedent
- Bharatiya Nyay Sanhita
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16664 of 2026
Arising Out of PS. Case No.-254 Year-2025 Thana- TARAIYA District- Saran
======================================================
Dharmendra Prasad S/o Medha Prasad R/o Village - Fenahara (Tamaha Tola),
P.O - Dumari Chhapiya (Masharak), P.S - Taraiya, District - Saran at Chhapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rananjay Kumar, Advocate
: Mrs. Chhateshwari Kumari, Advocate
For the Opposite Party/s : Mr. Pronoti Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 16-03-2026 Heard Mr. Rananjay Kumar, learned counsel for
the petitioner as well as Mr. Pronoti Singh, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
24.08.2025 in connection with Taraiya P.S. Case No. 254 of
2025, F.I.R. dated 20.08.2025 for the offences punishable under
Sections 137(2) & 96 of the Bharatiya Nyay Sanhita, 2023.
3. According to prosecution case, it is alleged that the
petitioner kidnapped the daughter of the informant for the
purpose of marriage.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. The allegation levelled against
Patna High Court CR. MISC. No.16664 of 2026(2) dt.16-03-2026
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the petitioner is false and fabricated. Infact the petitioner was in
love with the victim girl and the statement of the victim was
recorded under Section 164 Cr.P.C/183 BNSS in which she did
not support the case of the prosecution and she has stated that
she has performed marriage with the petitioner in the year 2024
in the temple and she has also shown her willingness to live
with the petitioner. He further submits that the police after
investigation submitted the charge sheet against the petitioner
and the petitioner is in custody since 24.08.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
petitioner has clean antecedent and the victim did not support
the case of the prosecution in her statement recorded under
Section 164 Cr.P.C/183 BNSS , let the petitioner, above named,
be released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Additional Sessions Judge-XV, Saran
at Chapra in connection with Taraiya P.S. Case No. 254 of 2025,
subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
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and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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