Patna High Court
Sultan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court held that the petitioner is entitled to regular bail and ordered his release on bond.
Summary
The petitioner, Sultan Kumar, was arrested in connection with a case registered under sections 137(2) and 140(3) of the Bharatiya Nyaya Sanhita, 2023, alleging that he abducted a 17‑year‑old girl for marriage. The petitioner contended that the allegations were false, that the relationship was consensual, and that the girl, now stating she is 18, had not supported the prosecution under section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, while the second opposite party did not oppose. Considering the lack of criminal antecedent, the girl's statement, and the duration of custody since 19‑02‑2026, the court granted regular bail on a bond of Rs.10,000 with two sureties. The bail order was directed to be satisfied before the Additional Chief Judicial Magistrate‑I, Naugachia, Bhagalpur.
Issues considered
- Whether the petitioner is entitled to regular bail despite allegations of kidnapping and child marriage under the Bharatiya Nyaya Sanhita.
- Whether the girl's statement under section 183 of the Bharatiya Nagarik Suraksha Sanhita, indicating she is 18 and does not support the prosecution, affects the bail decision.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 183
- Bharatiya Nyaya Sanhita, 2023 — s. 137(2), 140(3)
Subjects
- bail
- kidnapping
- child marriage
- minor
- criminal procedure
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27161 of 2026
Arising Out of PS. Case No.-248 Year-2025 Thana- Rangara District- Bhagalpur
======================================================
Sultan Kumar, Son of Bageshwar Mandal, Resident of Village- Chapar
Diyara, P.S.- Rangra, District - Bhagalpur.
... ... Petitioner/s
Versus
1. The State of Bihar
2. X, Son of Late Baldev Mandal, Resident of village- Bhim Das tola, P.S.-
Rangra, District - Bhaglapur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Rajesh Kumar, Advocate
For the State : Ms. Asha Kumari, APP
For the O.P. No.2 : Mr. Yash Raj Singh. Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
4 01-07-2026 Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Rangara P.S. Case
no.248 of 2025, registered under sections 137(2) and 140(3) of
the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant states
that the petitioner has taken away his 17 year old minor
daughter for the purpose of marriage.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case. The allegation
of kidnapping etc. are all false and concocted. It is a case of love
affair between the parties. Both the petitioner and the daughter
of the informant have entered into marriage and propose to live
Patna High Court CR. MISC. No.27161 of 2026(4) dt.01-07-2026
2/2
together. The petitioner is in custody since 19.2.2026 and has no
criminal antecedent.
5. The application for bail is opposed by learned
A.P.P. for the State however it is submitted that in her statement
under section 183 of the Bharatiya Nagarik Suraksha Sanhita,
2023, the daughter of the informant has stated her age to be 18
years and has not supported the prosecution case.
6. Learned counsel for the opposite party no.2 has
appeared, however he does not oppose the application for bail.
6. Having heard learned counsel for the parties and
taking into consideration the allegation against the petitioner in
the F.I.R., the age of the daughter of the informant, the contents
of her statement under section 183 of the B.N.S.S., 2023 and the
petitioner having remained in custody since 19.2.2026, the
petitioner is directed to be enlarged on bail in connection with
Rangara P.S. Case no.248 of 2025, on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Additional Chief
Judicial Magistrate-I, Naugachia, Bhagalpur.
(Partha Sarthy, J)
avinash/-
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