Created by Fuzzy Cloud

Patna High Court

Harsh @ Harshbardhan Kumar @ LadduversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner, finding no sufficient ground to deny it.

Summary

Harsh @ Harshbardhan Kumar @ Laddu was arrested in a case registered under Section 87 of the Bihar Penal Code for allegedly kidnapping the minor daughter of an informant to force a marriage. The prosecution alleged kidnapping, while the petitioner claimed innocence, asserting that the victim’s statement under Section 183 of the Bihar Narcotic Sub‑Section (BNSS) showed a consensual relationship and that she left her home of her own volition to marry the petitioner. The petitioner had no prior criminal record and had been in judicial custody since 3 December 2025. The court examined the victim’s statement, the absence of coercion, and the petitioner’s clean antecedents, and found no basis to deny bail. Consequently, the court ordered the petitioner’s release on regular bail upon furnishing a bond of Rs 10,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to regular bail in a case under Section 87 BNS alleging kidnapping of a minor for marriage
  • Whether the victim’s consent negates the element of kidnapping under the applicable statute

Subjects

  • regular bail
  • kidnapping
  • consent
  • minor
  • marriage
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21171 of 2026
                   Arising Out of PS. Case No.-473 Year-2025 Thana- PAKARIBARAW District- Nawada
                 ======================================================
                 Harsh @ Harshbardhan Kumar @ Laddu S/o Bharat Rajak R/o Village- Pakri,
                 P.S- Pakribarawan, Dist- Nawada.
                                                                        ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. N.K. Agarwal, Sr. Advocate
                                                 Mr. Shivendu Shekhar, Advocate
                                                 Mr. Kumar Rajdeep, Advocate
                 For the Opposite Party/s :      Mr. Nawal Kishore Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   02-04-2026                      Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under section 87 of BNS.

                                 3. The case of the prosecution is that the petitioner has

                   kidnapped the minor daughter of the informant for the purpose of

                   marriage.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Learned

                   counsel for the petitioner has submitted that from perusal of the

                   order of the learned trial court, it is clear that the learned trial

                   court has recorded the statement of the victim under Section 183

                   of BNSS wherein she has stated that she was knowing the

                   petitioner for the last 1.5 years. When her family members came
            Patna High Court CR. MISC. No.21171 of 2026(2) dt.02-04-2026
                                                        2/2




                      to know about this, they closed her in a room. On 23.11.2025, she

                      called the petitioner and from there, both of them went to

                      Jehanabad where they solemnized marriage and were living as

                      husband and wife. From perusal of the statement of the victim, it

                      is clear that she has gone out of her house with her own will and

                      no one has enticed or kidnapped her. It has further been submitted

                      that it is a case of romantic relationship between two adults. A

                      statement has been made in para-3 of this petition that the

                      petitioner has got no criminal antecedent. Moreover, he is

                      languishing in judicial custody since 03.12.2025.

                                   5. Learned APP appearing for the State has vehemently

                      opposed the prayer of regular bail.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this court is

                      inclined to enlarge the petitioner on bail. The above named

                      petitioner is directed to be released on bail in connection with

                      Pakribarawan P.S. Case No. 473 of 2025 on furnishing bail bond

                      of Rs.10,000/- (ten thousand) with two sureties of the like amount

                      each to the satisfaction of learned A.C.J.M.-II, Nawada.



                                             (Ashok Kumar Pandey, J)
durgesh/-
U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.