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Patna High Court

Ram Niwas @ Ram Niwas Kumar @ Ram Nivash KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that regular bail must be granted as the alleged kidnapping amounted to a consensual elopement and the petitioner possessed a clean antecedent.

Summary

Ram Niwas was arrested in connection with a case registered under Sections 137(2), 96 and 3(5) of the B.N.S. for allegedly kidnapping the informant's daughter to force a marriage. The petitioner contended that the alleged kidnapping was in fact an elopement, as the girl voluntarily married him, and he had no prior criminal record. He had been in custody since 23 June 2025 and sought regular bail. The State opposed the bail application. Considering the victim's statement, the circumstances of the alleged elopement, and the petitioner's clean antecedent, the court allowed the bail application, directing release on a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether regular bail should be granted to the accused under Sections 137(2), 96 and 3(5) of the B.N.S. in view of the alleged kidnapping and the victim's claim of elopement and marriage.

Legislation cited

Subjects

  • regular bail
  • kidnapping
  • elopement
  • marriage
  • clean antecedent
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1416 of 2026
                        Arising Out of PS. Case No.-1 Year-2025 Thana- Bargaon District- Darbhanga
                 ======================================================
                 Ram Niwas @ Ram Niwas Kumar @ Ram Nivash Kumar S/O Yogendra Ray
                 R/O Vill- Kailash Puri ,P.s- Dumra Distt- Sitamarhi

                                                                                     ... ... Petitioner/s
                                                         Versus
           1.    The State of Bihar
           2.    Naresh Kumar Yadav S/O Jagdish Yadav R/O Vill.- Akhatwara , P.O-
                 Kothram, P.S- Bargawn,Dist- Darbhanga

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Kedar Jha, Advocate
                 For the Opposite Party/s :        Mr. Bhanu Pratap Singh, APP
                 For the Informant        :        Mr. Gauri Shankar Yadav, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   02-04-2026                  Heard the learned counsel for the petitioner and

                   learned APP for the State.

                                2. Supplementary affidavit filed by Mr. Jha is taken

                   on record.

                                3. The petitioner seeks regular bail in connection with

                   Bargaon P.S. Case No. 01 of 2025 registered for the offence

                   under Sections 137(2), 96,3(5) of the B.N.S.

                                4. The allegation against the petitioner is that he has

                   kidnapped the daughter of the informant for the purpose of

                   marriage.

                                5. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has not committed any offence.
            Patna High Court CR. MISC. No.1416 of 2026(3) dt.02-04-2026
                                                        2/2




                      Petitioner is in custody since 23.06.2025 and has clean

                      antecedent.

                                   6. Learned A.P.P. for the State has vehemently

                      opposed the prayer for bail.

                                   7. Considering the aforesaid facts and circumstances

                      of the case and also from the statement of the victim girl it

                      appears that she had eloped with the petitioner and got married

                      with the petitioner, period of custody, this application for regular

                      bail is allowed.

                                   8. Accordingly, let the petitioner, above named, be

                      released on bail on furnishing bail bonds of Rs. 10,000/- (Ten

                      Thousand) with two sureties of the like amount each to the

                      satisfaction of the learned Special Judge (POCSO) Act,

                      Darbhanga /concerned court below in connection with Bargaon

                      P.S. Case No. 01 of 2025.


                                                         (Sandeep Kumar, J)

Ranjeet/-

U      T


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