Patna High Court
Kundan Kumar @ Kundan SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
The court held that bail should be granted to both petitioners as the victim’s voluntary marriage, lack of criminal antecedents, and the duration of custody warranted release on bail.
Summary
The petitioners, Kanchan Kumari and Kundan Kumar, were charged under Sections 137(2) and 140(3) of the Bharatiya Nyaya Sanhita, 2023 for allegedly kidnapping two girls, selling them for prostitution, and one of the victims was later found at Kundan's residence having been sold to him by Kanchan. The victim subsequently married Kundan and is residing with him voluntarily, as testified before the court. Both petitioners have no prior criminal record and have been in custody since 17 December 2025. The State opposed bail, but the court considered the victim’s marriage, the petitioners’ clean antecedents, and the length of custody. Consequently, the court granted bail to both petitioners upon furnishing a bond of Rs.10,000 with two sureties each, while noting that the order is prima facie and does not prejudice the trial.
Issues considered
- Whether bail should be granted to accused persons charged under Sections 137(2) and 140(3) of the Bharatiya Nyaya Sanhita, 2023 in a kidnapping and prostitution case.
- Whether the victim’s marriage to one of the accused affects the bail consideration.
- Whether the absence of prior criminal antecedents and the period of pre‑trial detention justify bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 137(2), 140(3)
Subjects
- bail
- kidnapping
- prostitution
- Bharatiya Nyaya Sanhita
- criminal antecedents
- victim marriage
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18071 of 2026
Arising out of PS. Case No.-154 Year-2025 Thana- KARTAHA District- Vaishali
======================================================
Kanchan Kumari Son of Sudhir Singh @ Sudhir Kumar Resident of Village -
Hasanpur Bhadwash, P.S. - Mahua, District - Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 18120 of 2026
Arising Out of PS. Case No.-154 Year-2025 Thana- KARTAHA District- Vaishali
======================================================
Kundan Kumar @ Kundan Singh S/o- Vinodh Singh @ Vinod Singh Village-
Patahi PS- Patahi, Dist- East Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. Puja Kumari D/o- Shyamlal Sah @ Syam Singh R/v- Ghataro Ps- Kartahan
Dist- Vaishali
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 18071 of 2026)
For the Petitioner/s : Mr. Rajeev Ranjan No. Ii, Adv.
For the Opposite Party/s : Mr. Anuj Kumar Shrivastava, APP
(In CRIMINAL MISCELLANEOUS No. 18120 of 2026)
For the Petitioner/s : Mr. Ajay Kumar Sinha, Adv.
For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
4 27-05-2026 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. The petitioners in both matters seek bail in
connection with Kartaha P.S. Case No. 154 of 2025, registered
for offences punishable under Sections 137(2) and 140(3) of the
Patna High Court CR. MISC. No.18071 of 2026(4) dt.27-05-2026
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Bharatiya Nyaya Sanhita, 2023.
3. The allegation is that two girls were kidnapped,
sold, and used for prostitution. Thereafter, one of the girls was
recovered from the house of petitioner Kundan Kumar, and
investigation has revealed that she was sold to him by co-
petitioner Kanchan Kumari.
4. Learned counsel for the petitioners submits that
Kundan Kumar @ Kundan Singh has married the victim. He
further submits that the petitioners have no criminal antecedents
and are in custody since 17.12.2025.
5. Learned Additional Public Prosecutor for the State
has vehemently opposed the prayer for bail of the petitioners.
Learned counsel appearing on behalf of the victim states that
she has married the petitioner Kundan Kumar and is currently
residing with him.
6. Considering the facts and circumstances of the case,
this Court is inclined to grant bail to both petitioners. In so far as
petitioner Kundan Kumar is concerned, the victim has married
him and is residing with him of her own volition, as stated by
her counsel before this Court. In so far as petitioner Kanchan
Kumari is concerned, this Court has taken into account the
period of custody undergone, her role as it appears at this stage
Patna High Court CR. MISC. No.18071 of 2026(4) dt.27-05-2026
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of investigation, and the absence of any criminal antecedents.
Both petitioners have no criminal antecedents and have been in
custody since 17.12.2025. In these circumstances, this Court is
inclined to grant bail to the petitioners. It is further directed that
if the victim has any information relevant to the case which has
not been placed before the Court, she is at liberty to approach
the concerned trial court or bring such information to the notice
of the Investigating Officer, who shall act upon the same in
accordance with law.
7. Let the petitioners, above named, be
released on bail on furnishing bail bonds of Rs.
10,000/- (Ten thousand) each with two sureties of the
like amount each to the satisfaction of learned Judicial
Magistrate 1 s t Class/Concerned Court, Vaishali at
Hajipur, in connection with Kartaha P.S. Case No. 154
of 2025.
8. It is made clear that any observation made
herein is prima facie in nature and limited solely for
the purpose of adjudication of the present bail
application. Such observations shall not be construed
as an expression on the merits of the case and shall not
influence the trial or any other proceedings in any
Patna High Court CR. MISC. No.18071 of 2026(4) dt.27-05-2026
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manner.
(Ansul, J)
Vikash/-
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