Patna High Court
Gaurav KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Criminal Procedure Code — s. 164
- Indian Penal Code — s. 34, 363, 366A
- Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act — s. 3(2)(v-a)
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
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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/-
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