Patna High Court
Harsh @ Harshbardhan Kumar @ LadduversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
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