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Patna High Court

Gaurav KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Gaurav Kumar, sought regular bail in a case alleging kidnapping of a minor under IPC sections 363, 366(A), 34 and the SC/ST Act. The prosecution alleged that he abducted the informant's minor daughter. The petitioner’s counsel presented a Section 164 statement of the victim indicating that she had married the petitioner in 2020 and was living with him, contending that the kidnapping allegation was fabricated. The informant’s counsel conceded the marriage but still opposed bail. Considering the victim’s statement, the petitioner’s clean record, and the circumstances, the court granted regular bail on a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to regular bail despite charges of kidnapping and offences under the SC/ST Act.

Legislation cited

Subjects

  • regular bail
  • kidnapping
  • IPC
  • SC/ST Act
  • marriage
  • minor
  • Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17183 of 2026
                    Arising Out of PS. Case No.-4 Year-2023 Thana- NOWKOTHI GARHPURA District-
                                                         Begusarai
                 ======================================================
                 Gaurav Kumar Son of Chandradev Yadav @ Chandra Dev Yadav @ Sri
                 Chandra Deo Yadav Resident of Village - Chakka, P.S. - Nowkothi, District -
                 Begusarai.

                                                                               ... ... Petitioner/s
                                                     Versus
           1.    The State of Bihar
           2.    Sanjay Ram Son of Paltan Ram Resident of Village - Chakka, Ward no. 05,
                 P.S. - Nowkothi, District - Begusarai.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Shashank Shekhar, Advocate
                 For the Opposite Party/s :     Mr. Sadanand Paswan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   11-05-2026                    Heard learned counsel for the petitioner, learned APP

                   for the State and learned counsel for the informant.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 363, 366(A)

                   and 34 of the Indian Penal Code and Sections 3(2) (v-a) of the

                   SC/ST Act.

                                3. The case of the prosecution is that the petitioner has

                   kidnapped the minor daughter of the informant.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Learned

                   counsel for the petitioner has submitted that during course of

                   investigation, the victim has given her statement recorded under
Patna High Court CR. MISC. No.17183 of 2026(3) dt.11-05-2026
                                            2/3




          Section 164 of the Cr.P.C. wherein she has categorically stated

          that her marriage was solemnized with the petitioner in the year

          2020 at Bhagalpur and that was love marriage after elopement.

          She was living with the petitioner. Learned counsel has further

          submitted that from the statement of the victim, it is quite clear

          that much prior to the occurrence, the victim has solemnized

          marriage with this petitioner and she was living with him but

          this fact has been concealed by the prosecution only to

          aggravate the nature of allegation. A statement has been made in

          para-3 of this petition that the petitioner has got no criminal

          antecedent. Moreover, he is languishing in judicial custody since

          04.12.2025.

                       5. Learned APP appearing for the State and learned

          counsel for the informant have vehemently opposed the prayer

          of regular bail. Learned counsel for the informant has conceded

          that the victim herself has solemnized marriage with the

          petitioner in the year 2020.

                       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 released on bail in connection with

          Nowkothi P.S. Case No. 04 of 2023 on furnishing bail bond of
            Patna High Court CR. MISC. No.17183 of 2026(3) dt.11-05-2026
                                                        3/3




                      Rs.10,000/- (ten thousand) with two sureties of the like amount

                      each to the satisfaction of learned District and Additional

                      Sessions Judge-VI cum Special Judge of POCSO Act,

                      Begusarai.



                                             (Ashok Kumar Pandey, J)
Shubham/-

U     T


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