Patna High Court
GUDDU KUMARversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
Guddu Kumar was arrested on 20 January 2026 in connection with a case alleging that he eloped with a 17‑year‑old girl, Guriya Kumari, thereby committing offences under Sections 363 and 365 of the Indian Penal Code. The prosecution claimed the girl was a minor who was taken away, while the defence argued that the girl had voluntarily married the petitioner, was actually 19 years old, and was living with him as his wife with two children. The trial court recorded the girl’s statement confirming the marriage but dismissed it on the ground of her alleged minority at the time of the alleged offence. The petitioner, represented by Mr. Mahendra Thakur, sought bail, asserting a clean antecedent and false implication. The Additional Public Prosecutor opposed bail. The High Court, after considering the girl’s deposition and the circumstances, granted bail on a Rs.10,000 bond with two sureties and imposed conditions regarding cooperation, non‑tampering with evidence, and verification of criminal antecedent.
Issues considered
- Whether bail should be granted to the accused in offences under Sections 363 and 365 of the IPC given the alleged age of the victim and the claim of a lawful marriage.
- Whether the victim’s statement that she had married the petitioner and was living with him as his wife affects the bail decision.
Legislation cited
- Indian Penal Code — s. 363, 365
Subjects
- bail
- kidnapping
- kidnapping for ransom
- marriage
- minor
- Indian Penal Code
- criminal antecedent
- trial court deposition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19338 of 2026
Arising Out of PS. Case No.-1 Year-2024 Thana- PIPRIYA District- Lakhisarai
======================================================
GUDDU KUMAR S/o Shivjee Saw R/o Village- Mohanpur, PS- Pipariya,
Dist- Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mahendra Thakur, Advocate
For the Opposite Party/s : Mr. Rajesh Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 31-03-2026 Heard Mr. Mahendra Thakur, learned counsel for
the petitioner as well as Mr. Rajesh Kumar, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
20.01.2026 in connection with Pipariya P.S. Case No. 01 of
2024, F.I.R. dated 07.01.2024 for the offences punishable under
Sections 363 and 365 of Indian Penal Code.
3. According to prosecution case, the informant
alleged that her daughter, Guriya Kumari, 17 years old, has
eloped with petitioner as she was on talking terms with the
petitioner.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. The allegation levelled against
Patna High Court CR. MISC. No.19338 of 2026(2) dt.31-03-2026
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the petitioner is false and fabricated. Infact the petitioner was in
love with the victim and both had performed marriage and they
are living together as husband and wife. It appears from
impugned order itself that victim has deposed before learned
trial Court that she has performed marriage with the petitioner
and she is blessed with two children. He next submits that
learned trial Court had disbelieved the deposition of victim on
the ground at the time of alleged occurrence she was minor. He
further submits that learned trial Court while recording the
statement of the victim has assessed the age of victim to be 19
years and the petitioner is in custody since 20.01.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
as well as the fact that the victim has deposed before learned
trial Court that she has performed marriage with the petitioner
and she is living with the petitioner as his wife and she is
blessed with two children, let the petitioner, above named, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned C.J.M, Lakhisarai in connection with
Pipariya P.S. Case No. 01 of 2024, subject to the following
Patna High Court CR. MISC. No.19338 of 2026(2) dt.31-03-2026
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conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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