Patna High Court
Vivek KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The appeal is allowed and the order rejecting bail is set aside, with bail granted subject to verification of the marriage claim.
Summary
Vivek Kumar appealed to the Patna High Court against the order of the Exclusive Special Judge that rejected his bail application in a kidnapping case under Sections 137(2) and 96 of the BNS and Sections 3(1)(r), 3(1)(s) and 3(2)(v) of the SC/ST (Prevention of Atrocities) Act. The appellant claimed innocence, asserted that the alleged victim was a minor who had married him, and that a compromise petition had been filed by the prosecution. The State opposed bail. The High Court, noting the compromise and the alleged marriage, set aside the lower court’s order and granted bail on condition of a Rs.10,000 bond with two sureties, subject to verification of the marriage claim. The bail order was directed to be implemented by the trial court.
Issues considered
- Whether bail should be granted to the accused in a kidnapping case under the BNS and SC/ST (POA) Act despite the seriousness of the offences.
- Whether the alleged marriage and compromise between the parties justify the grant of bail.
- Whether the trial court should verify the fact of marriage before accepting the bail bonds.
Legislation cited
- Bihar Negotiable Instruments Act — s. 137(2), 96
- SC/ST (Prevention of Atrocities) Act — s. 3(1)(r), 3(1)(s), 3(2)(v)
Subjects
- bail
- SC/ST (Prevention of Atrocities) Act
- kidnapping
- marriage compromise
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1029 of 2026
Arising Out of PS. Case No.-13 Year-2026 Thana- LALIT NARAYAN UNIVERSITY
District- Darbhanga
======================================================
Vivek Kumar S/o Kanahai Sah @ Kanhaiya Sah @ Khakhu Sah R/o Mohalla
and P.O - Laxmisagar, Ward No. 16, P.S - LNMU, District - Darbhanga, Pin -
846009
... ... Appellant/s
Versus
1. The State of Bihar
2. Chand Devi (Informant) W/o Sanjay Paswan R/o Mohalla and P.O -
Laxmisagar, Ward No. 15, P.S - LNMU, District - Darbhanga, Pin - 846009
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Viveka Nand
For the Respondent/s : Mr.Binay Krishna
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 23-04-2026 Heard the parties.
2. The learned counsel for the appellant will remove
the defects during the course of the day.
3. The instant appeal has been filed by the appellant
against the order dated 18.02.2026 passed by the learned
Exclusive Special Judge of SC/ST Act, Darbhanga whereby the
bail application of the appellant in connection with LNMU P.S.
Case No. 13 of 2026 registered for the offence under Sections
137(2), 96 of the BNS and under Sections 3(1)(r), 3(1)(s), 3(2)
(v) of SC/ST (POA) Act, was rejected.
4. The appellant is alleged to have kidnapped the
victim.
Patna High Court CR. APP (SJ) No.1029 of 2026(3) dt.23-04-2026
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5. The appellant is in custody since 13.01.2026.
6. Learned counsel for the appellant has submitted
that the appellant is innocent and has falsely been implicated in
this case. He further submits that the victim has been found to
be aged between 16-17 years and has got married to the
appellant and a compromise petition has been filed in the Court
below by the prosecution side.
7. Learned Special P.P. for the State has vehemently
opposed the prayer for grant of bail to the appellant.
8. Considering the facts of the case and also
considering the factum of compromise between the parties, this
application is allowed and accordingly, the order dated
18.02.2026, is hereby set aside.
9. Let the appellant be released on bail upon
furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand)
with two sureties of the like amount each to the satisfaction of
Court below/concerned Court in connection with LNMU P.S.
Case No. 13 of 2026.
10. It is made clear that before accepting the bail
bonds of the appellant, the Court below will verify the factum of
marriage from the informant/victim. If the informant/victim
supports the factum of marriage then the bail bonds of the
Patna High Court CR. APP (SJ) No.1029 of 2026(3) dt.23-04-2026
3/3
appellant shall be accepted and if the same is not supported then
appropriate orders shall be passed by the Court below.
(Sandeep Kumar, J)
Vikas/-
U
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