Patna High Court
Pankaj Kumar @ Pankaj Kumar RanjanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
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
- Bharitya Nagrik Suraksha Sanhita — s. 183, 482(2)
- Indian Penal Code — s. 366-A
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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