Patna High Court

Rohit Kumar @ Rohit SinghversusThe State of Bihar

Decided: 17 April 2026
Disposal: ALLOWED
Bench: SUNIL DUTTA MISHRA

Holding

Bail was granted to the petitioner subject to a bond and sureties.

Summary

The petitioner, Rohit Kumar, was arrested in a case registered under Section 366A of the Indian Penal Code for allegedly kidnapping the minor daughter of an informant. He contended that the alleged kidnapping did not occur, asserting that the victim voluntarily traveled to Allahabad, contacted him, and solemnized a marriage of her own free will, a fact supported by her statement recorded under Section 183 of the Bharatiya Nagarik Suraksha Sanhita. The petition highlighted that the case was filed under village pressure, that both parties had reached a compromise, and that the petitioner's mother had filed an affidavit supporting the compromise. The petitioner also had no prior criminal record and pledged cooperation with the investigation. Considering the victim's statement, the compromise, the petitioner's clean antecedent, and the circumstances, the court granted bail on a bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Issues considered

Whether bail should be granted in a case under Section 366A IPC involving alleged kidnapping of a minor
Whether the victim's voluntary statement and the compromise between parties justify bail
Whether the conditions of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita are satisfied for granting bail

Legislation cited

Bharatiya Nagarik Suraksha Sanhita — s. 182, 183, 482(2)
Indian Penal Code — s. 366A

Subjects

bail
kidnapping
IPC 366A
compromise
victim consent
Section 482
Bharatiya Nagarik Suraksha Sanhita
Begusarai
Teghra

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24104 of 2026
                      Arising Out of PS. Case No.-46 Year-2023 Thana- TEGHRHA District- Begusarai
                 ======================================================
                 Rohit Kumar @ Rohit Singh S/o Bhola Singh Resident of village - Dharauli
                 Hanumanganj Police Station - Sarai Inayat District - Allahabad (Prayagraj)
                                                                             ... ... Petitioner/s
                                                   Versus
           1.     The State of Bihar
           2.     Santosh Kumar S/o Parmeshwar Sharma R/o Village - Gaura - 2, Ward
                  No.07, P.S - Teghra, District - Begusarai
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sarvottam Kumar, Advocate
                 For the Opposite Party/s :       Mr. Braj Kishore Pd., APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER
2   17-04-2026                           Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                     2. The petitioner apprehends his arrest in a case

                   registered under Section 366A of the Indian Penal Code.

                                   3. It is alleged that petitioner kidnapped the minor

                   daughter of the informant.

                                   4.    Learned counsel appearing on behalf of the

                   petitioner submits that petitioner is innocent and has falsely

                   been implicated in the present case with malicious motive.

                   Further submission is that petitioner has not kidnapped the

                   victim rather the victim on her own sweet will went to

                   Allahabad where she called the petitioner and solemnized her

                   marriage with him. The victim in her statement recorded u/s 183

                   of B.N.S.S. also supported the said fact. On the pressure of

                   villagers, this case was lodged by the informant. He next
            Patna High Court CR. MISC. No.24104 of 2026(2) dt.17-04-2026
                                                        2/2




                      submits that both the parties have compromised the matter. The

                      affidavit in this petition has sworn by the mother of the victim.

                      Petitioner has got no criminal antecedent and he undertakes to

                      cooperate in the investigation and trial.

                                    5. Learned A.P.P. for the State opposed the prayer for

                      bail.

                                    6. Having considered the facts and circumstances of

                      the case, submissions of learned counsel for the parties,

                      statement of the victim, fair antecedent of the petitioner and the

                      fact that both the parties have compromised the matter, let the

                      above named petitioner be released on bail, in the event of arrest

                      or surrender before the learned court below within a period of

                      six weeks from today, on furnishing bail bond of Rs.10,000/-

                      (Rupees Ten Thousand) with two sureties of the like amount

                      each to the satisfaction of learned Chief Judicial Magistrate,

                      Begusarai in connection with Teghra P.S. Case No. 46 of 2023,

                      subject to the conditions as laid down under Section 482(2) of

                      the Bharatiya Nagarik Suraksha Sanhita.



                                              (Sunil Dutta Mishra, J)
utkarsh/-

U       T

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