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Patna High Court

Aakash KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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