Patna High Court
Aakash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that, considering the facts, circumstances and period of custody, the petitioner is entitled to regular bail.
Summary
Aakash Kumar was arrested in connection with Jagdishpur P.S. Case No. 259 of 2025, alleged to have abducted a minor girl for the purpose of marriage. The prosecution alleged that the petitioner kidnapped the informant's minor daughter, while the petitioner claimed innocence, stating that he and the girl had eloped and married voluntarily and that he has no prior criminal record. The petitioner applied for regular bail under Section 87 of the B.N.S., 2023, having been in custody since 25 January 2026. The State opposed the bail application. The Court, after considering the facts, circumstances and the period of custody, allowed the bail application. Bail was granted on a bond of Rs. 10,000 with two sureties of the same amount, with a note that the observations are prima facie and not a determination on the merits.
Issues considered
- Whether regular bail should be granted to the petitioner under Section 87 of the B.N.S., 2023 in view of the alleged abduction and marriage of a minor?
Legislation cited
- B.N.S., 2023 — s. 87
Subjects
- regular bail
- Section 87
- B.N.S. 2023
- abduction of minor
- marriage of minor
- bail bond
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26143 of 2026
Arising Out of PS. Case No.-259 Year-2025 Thana- Jagdishpur District- West Champaran
======================================================
Aakash Kumar S/o Sipahi Mahto R/o Village- Bishunpurwa, Nuniya Tola,
P.S- Jagdishpur, Dist- West Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXX S/o Khedan Mahto R/o Village- Pakadiya, Nauka Tola Ward No.14,
P.S- Jagdishpur, Dist- West Champaran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Mithlesh Kumar Khare, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 21-04-2026 Heard learned counsel for the parties.
2. The petitioner seeks regular bail in connection with
Jagdishpur P.S. Case No. 259 of 2025, registered under Section
87 of the B.N.S., 2023.
3. As per prosecution case, petitioner is alleged to
have abducted 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. From the
impugned order it appears that the petitioner and the victim girl
has eloped and got married and they are living together. The
petitioner has no criminal antecedent and he is in custody since
Patna High Court CR. MISC. No.26143 of 2026(2) dt.21-04-2026
2/2
25.01.2026.
5. Learned A.P.P. for the State has opposed the prayer
for bail.
6. Considering the facts and circumstances of the case
and also period of custody, this bail application is allowed.
7. Let the petitioner above named, be granted bail on
furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand
Only) with two sureties of the like amount each to the
satisfaction of learned Court concerned where the case is
pending/successor court in connection with Jagdishpur P.S. Case
No. 259 of 2025.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Ranjeet/-
U T
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