Patna High Court
Prince KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bharatiya Nyay Sanhita, 2023 — s. 137(2), 3(5), 87
- Code of Criminal Procedure, 1973 — s. 164
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
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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
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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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