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Patna High Court

Prince KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to specified conditions.

Summary

Prince Kumar was arrested on 2 September 2025 in connection with a kidnapping case involving a minor girl allegedly for marriage, charged under Sections 137(2), 87 and 3(5) of the Bharatiya Nyay Sanhita, 2023. The prosecution’s informant alleged the kidnapping, but the victim later gave a statement under Section 164 of the Cr.P.C. that did not support the charges. The petitioner argued that he has a clean antecedent and that the allegations are false and fabricated. The Additional Public Prosecutor opposed bail. Considering the petitioner’s clean record and the victim’s non‑cooperation, the court granted bail on a bond of Rs. 10,000 with two sureties and imposed conditions regarding trial attendance, non‑tampering with evidence, and verification of antecedents. The bail order was made subject to cancellation if conditions are breached.

Issues considered

  • Whether bail should be granted to the accused in a kidnapping‑for‑marriage case under the Bharatiya Nyay Sanhita, 2023.
  • Whether the victim’s statement under Section 164 Cr.P.C. not supporting the prosecution affects the bail decision.
  • Whether the petitioner’s clean antecedent warrants bail despite the seriousness of the offences.

Legislation cited

Subjects

  • bail
  • kidnapping
  • child marriage
  • clean antecedent
  • Bharatiya Nyay Sanhita
  • Section 164 Cr.P.C.
  • victim statement
  • criminal law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87529 of 2025
                        Arising Out of PS. Case No.-200 Year-2025 Thana- NADI P.S. District- Patna
                 ======================================================
                 Prince Kumar S/O Pintoo Saw @ Pintu Kumar R/O Village- Govind Pur, P.S-
                 Fatuha, Distt.- Patna.

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Bindeshwar Prasad Singh, Advocate
                 For the Opposite Party/s :        Mr. Rana Randhir Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   15-01-2026                         Heard Mr. Bindeshwar Prasad Singh, learned

                   counsel for the petitioner as well as Mr. Rana Randhir Singh,

                   learned Additional Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   02.09.2025 in connection with Nadi P.S. Case No. 200 of 2025,

                   F.I.R. dated 25.07.2025 for the offences punishable under

                   Sections 137(2), 87, 3(5) of the Bharatiya Nyay Sanhita, 2023.

                               3.     According to prosecution case, the informant

                   alleged that the petitioner along with other co-accused persons

                   kidnapped his minor daughter 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

                   the petitioner is false and fabricated and the petitioner has not
Patna High Court CR. MISC. No.87529 of 2025(3) dt.15-01-2026
                                            2/3




          committed offence as alleged in the FIR and the victim has been

          recovered and she has not supported the case of the prosecution

          in her statement recorded under Section 164 Cr.P.C/183 BNSS.

          He further submits that the police after investigation submitted

          the charge sheet and cognizance has been taken against the

          petitioner on 30.09.2025, charge-sheet no.466 of 2025 under

          Section 137(2), 96, 3(5) of BNSS and the petitioner is in

          custody since 02.09.2025.

                      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 has not supported

          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 JMFC, Patna City, Patna in

          connection with Nadi P.S. Case No. 200 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

          and shall remain physically present as directed by the court and
            Patna High Court CR. MISC. No.87529 of 2025(3) dt.15-01-2026
                                                        3/3




                      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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