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Patna High Court

Ashutosh KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that bail should be granted to the petitioner, directing him to furnish a bail bond with sureties.

Summary

The petitioner, Ashutosh Kumar, applied for bail in a case registered as Runni Saidpur P.S. Case No. 45 of 2021, alleging offences under Sections 363 and 366(A) of the Indian Penal Code for kidnapping a minor. The prosecution contended that the petitioner abducted the informant’s minor daughter, while the defence argued that the petitioner had married the alleged victim, who was 18 at the time, and that the FIR was filed eight months after the alleged incident, indicating a delay. The victim’s testimony suggested a consensual marriage and that she had eloped with the petitioner, further claiming she had a child out of wedlock. The court noted the petitioner’s lack of prior criminal record and the advanced stage of trial, and considered the delay in filing the FIR. After hearing both sides, the court decided to grant bail, directing the petitioner to furnish a bail bond of Rs 10,000 with two sureties. The order was pronounced by Justice Ashok Kumar Pandey.

Issues considered

  • Whether bail should be granted to the accused in a kidnapping case under IPC 363 and 366(A) given the nature of the offences.
  • Whether the delay of eight months in filing the FIR affects the merit of the bail application.
  • Whether the alleged consensual marriage and the victim’s statements negate the elements of kidnapping.

Legislation cited

Subjects

  • bail
  • kidnapping
  • IPC 363
  • IPC 366A
  • delay in FIR
  • consensual marriage
  • false implication

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12562 of 2026
                    Arising Out of PS. Case No.-45 Year-2021 Thana- RUNISAIDPUR District- Sitamarhi
                 ======================================================
                 Ashutosh Kumar S/o Chandeshwar Singh Resident of Village- Bakhari, P.S.-
                 Patahi, District - East Champaran at Motihari

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    XXX S/o Y R/o Village - Gadha Dhanusi Ward No. 3, P.S - Runnisaidpur,
                 District - Sitamarhi

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ashok Kumar Jha
                 For the Opposite Party/s :       Mr. Shahabuddin Azeem @ S. Azeem
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   09-03-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Runni Saidpur P.S. Case No. 45 of 2021 registered for the

                   offence punishable under Sections 363, 366(A) of the Indian

                   Penal Code.

                                3. The case of the prosecution, in short, is that the

                   petitioner has kidnapped the minor daughter of the informant.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this

                   case. Learned counsel for the petitioner has submitted that in
Patna High Court CR. MISC. No.12562 of 2026(2) dt.09-03-2026
                                            2/3




          this case, the trial is in advanced stage, and even the victim has

          been examined in the learned trial court as PW-1. He further

          submits that the victim has stated categorically in her deposition

          that as she has solemnized marriage with the petitioner, her

          father has filed this case. She has also stated that her age was 18

          years at the time of marriage. It has also been stated by the

          victim in her cross-examination that she is also having a girl

          child out of wedlock who is aged about four years. He also

          submits that from perusal of the FIR, it will transpire that the

          date of occurrence is 02.03.2020, whereas the FIR was filed on

          14.01.2021. There is a delay of eight months in filing this case,

          but the delay is not explained. He further submits that the victim

          herself has eloped with the petitioner, and they are living a

          happy married life. Moreover, a statement has been made in

          para 3 of the petition that petitioner has no criminal antecedent

          and he is languishing in judicial custody since 24.10.2025.

                       5. The application for bail is opposed by learned APP

          for the State.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this Court is

          inclined to enlarge the petitioner on bail. The above named

          petitioner is directed to be enlarged on bail on furnishing bail
           Patna High Court CR. MISC. No.12562 of 2026(2) dt.09-03-2026
                                                       3/3




                     bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                     of the like amount each to the satisfaction of the learned

                     Additional District & Sessions Judge-IV-cum-Special Judge

                     (Rape and POCSO), Sitamarhi in connection with Runni

                     Saidpur P.S. Case No. 45 of 2021 corresponding to Tr. No. 411

                     of 2025.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


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