Patna High Court
Shivam Choudhary @ Shivam Kumar @ Shiva KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court granted regular bail to the petitioner.
Summary
Shivam Choudhary was arrested in connection with a case alleging that he kidnapped the daughter of an informant for the purpose of marriage, invoking Sections 137(2), 96, 61(2) and 3(5) of the Bihar Negotiable Sale Act. The petitioner contended that the allegations were false, presenting a statement under Section 183 indicating a consensual relationship, a marriage performed in Purnea, and that the victim, then about 17 years old, voluntarily left her home and later returned with the petitioner. He argued there was no element of enticing or taking away a minor, and highlighted his clean criminal record and prolonged custody since May 2025. The State opposed bail, but the court, after considering the facts and the victim’s statement, ordered that the petitioner be released on regular bail upon furnishing a bail bond of Rs. 10,000 with two sureties. The application for bail was therefore allowed.
Issues considered
- Whether the petitioner is entitled to regular bail despite allegations under Sections 137(2), 96, 61(2) and 3(5) of the B.N.S.
- Whether the facts establish the offence of kidnapping/enticing a minor for marriage under the cited provisions
- Whether the victim's age and consent affect the bail decision
Legislation cited
- Bihar Negotiable Sale Act — s. 137(2), 183, 3(5), 61(2), 96
Subjects
- bail
- kidnapping
- forced marriage
- age of consent
- Section 137
- Section 96
- Section 61
- Section 3
- Section 183
- Bihar Negotiable Sale Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17613 of 2026
Arising Out of PS. Case No.-58 Year-2025 Thana- RANIGANJ District- Araria
======================================================
Shivam Choudhary @ Shivam Kumar @ Shiva Kumar Son of Bouku
Choudhary Resident of village- Kohwara (Bishanpur), ward no 07, PS-
Raniganj, District- Araria
... ... Petitioner/s
Versus
1. The State of Bihar & Anr.
2. Shyamanand Singh S/o Late Mohit Singh R/o vill - Hiranagar Kalabalua,
ward no. 12, P.S.- Raniganj, Distt.- Araria
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Madhav Jha
For the Opposite Party/s : Mr.Ramesh Chandra
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
4 17-06-2026 Heard learned counsel for the petitioner and learned
APP for the State. Although notices have been validly served
upon O.P. No. 2, there is no representation on his/her behalf.
2. The petitioner has preferred this application for
grant of regular bail in connection with Raniganj P.S. case No.
58 of 2025 registered for the offences punishable under Sections
137(2), 96, 61(2) and 3(5) of the BNS.
3. As per the prosecution case, the daughter of
informant who happens to be the victim of this case was
allegedly kidnapped by petitioner and others for the purpose of
marriage.
4. Learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.17613 of 2026(4) dt.17-06-2026
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that the petitioner is innocent and has been falsely implicated in
the present case. It has further been submitted that the statement
of the victim recorded under Section 183 of the B.N.S.S., which
was called for pursuant to the order dated 25.03.2026, indicates
that the petitioner and the victim were in love with each other. It
has been submitted that when her parents came to know about
their relationship, she was scolded and in a heat of anger, she
left her house on 09.02.2025 without informing anyone and
boarded a train to Delhi. Thereafter, on 16.02.2025, she returned
from Delhi to Bihar along with the petitioner. It has further been
submitted that in her statement recorded under Section 183 of
the B.N.S.S., the victim categorically stated that she had
solemnized her marriage with the petitioner at Purnea and
thereafter, both of them went to Punjab and started living there.
It has also been submitted that on 05.05.2025, the Jalandhar
Police brought her to Araria. It has further been submitted that
victim admittedly was aged about 17 years on the date of
alleged occurrence and “there is no element of enticing away or
taking away” against the petitioner. Moreover, the victim girl is
on the verge of attaining majority and she was not of such
tender age so as to not understand the consequences of her
action. It has further been submitted that petitioner has got no
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criminal antecedent. It has lastly been submitted that petitioner
is in custody since 09.05.2025.
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioner.
6. Heard the parties and perused the record.
7. Considering the above facts and circumstances of
the case, let the petitioner above-named, be enlarged on bail on
furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Court concerned, Araria, in connection with Raniganj
P.S. case No. 58 of 2025.
8. The application stands allowed.
(Praveen Kumar, J)
Jyoti/-
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