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Patna High Court

Pankaj Kumar @ Pankaj Kumar RanjanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court allowed the petition for anticipatory bail, finding that the circumstances did not warrant denial of bail.

Summary

Petitioner Pankaj Kumar was accused in a police case for allegedly kidnapping the minor daughter of an informant with intent to marry her, an offence punishable under Section 366-A of the IPC. The petitioner sought anticipatory bail, claiming innocence and asserting that the victim, aged 17 years and 8 months, voluntarily entered a love relationship, married him, and bore a child, as reflected in her statement recorded under Section 183 of the Bharitya Nagrik Suraksha Sanhita (BNSS). The State opposed the bail, arguing the alleged kidnapping and the victim's minority. The court examined the victim’s statement, the absence of "enticing away" under Section 137(2) of the BNSS, and the petitioner’s clean record. Considering these factors, the court granted anticipatory bail subject to conditions under Section 482(2) of the BNSS, requiring a bail bond and sureties.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner accused under Section 366-A IPC in view of the victim's statement and age.
  • Whether the elements of kidnapping for marriage under Section 366-A IPC are satisfied.
  • Whether Section 482(2) of the BNSS permits the grant of anticipatory bail in the present circumstances.

Legislation cited

Subjects

  • anticipatory bail
  • kidnapping for marriage
  • IPC 366-A
  • BNSS
  • minor consent
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No. 19213 of 2026
                      Arising Out of PS. Case No.-197 Year-2024 Thana- TEGHRHA District- Begusarai
                 ======================================================
                 Pankaj Kumar @ Pankaj Kumar Ranjan S/O Ashok Mahto R/O Village -
                 Gaura Ward No.- 02, P.S- Teghra, District- Begusarai Bihar

                                                                                   ... ... Petitioner/s

                                                        Versus

           1.    The State of Bihar
           2.    Anisha Devi W/o- Shiv Shankar Mishra Vill- MArasaiti Ward No. 07, PO-
                 Teghra Dist- Begusarai

                                                                             ... ... Opposite Party/s

                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ashok Kumar Garg, Advocate
                 For the State            :        Mr. Brajendra Nath Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

4   18-05-2026                   The matter has been taken up today through video

                   conferencing.

                                 2. 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.

                                3. The Petitioner is apprehending his arrest in

                   connection with Teghra P.S. Case No. 197 of 2024 registered for

                   the offence punishable under Section 366-A of IPC.

                                 4. As per the prosecution case, the petitioner is

                   alleged to have kidnapped the minor daughter of the informant

                   for the purpose of marriage.
Patna High Court CR. MISC. No. 19213 of 2026(4) dt.18-05-2026
                                            2/3




                       5. Learned counsel for the petitioner has submitted

          that petitioner is innocent and has falsely been implicated in this

          case. It has been further submitted that the statement of the

          victim recorded under Section 183 of the BNSS, which was

          called for by the order dated 06.04.2026 indicates that the victim

          was in a love relationship with the petitioner and had joined the

          company of the petitioner out of her own free will. Learned

          counsel for the petitioner has further submitted that the

          petitioner and the victim solemnized marriage with each other,

          and a child was born out of their wedlock.It has also been

          submitted that there was no element of “enticing away” or

          “taking away” as provided under Section 137 (2) of the BNS.

          Moreover, as per the school certificate, it is evident that the age

          of the victim is 17 years and eight months, which shows that she

          was on the verge of attaining majority and she was not of such

          tender age so as to not understand the consequences of her

          action. Lastly, it has been submitted that the petitioner has got

          no criminal antecedents.

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

          opposed the prayer for anticipatory bail of the petitioner.

                       7. Considering the aforesaid facts and circumstances

          of the case particularly the statement of the victim recorded
              Patna High Court CR. MISC. No. 19213 of 2026(4) dt.18-05-2026
                                                          3/3




                        under Section 183 of the BNSS, let the above named petitioner,

                        in the event of his arrest/surrender within a period of six weeks

                        from today, be enlarged on anticipatory bail on furnishing bail-

                        bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of

                        the like amount each to the satisfaction of the learned court

                        concerned, Begusarai, in connection with Teghra P.S. Case No.

                        197 of 2024, subject to the conditions as laid down under

                        Section 482(2) of the Bharitya Nagrik Suraksha Sanhita

                        (B.N.S.S.)

                                     8. This application stands allowed.



                                                   (Praveen Kumar, J)
Jyoti/-

U         T


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