Patna High Court
Raju KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court held that the petitioner is entitled to regular bail and allowed the bail application.
Summary
The petitioner, Raju Kumar, was arrested in connection with a case registered under Sections 137(1), 96, 351(2), 351(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, alleging that he lured a minor girl away. The prosecution alleged kidnapping, while the victim’s statement recorded under Section 183 BNSS indicated that the relationship was consensual and that she had eloped with the petitioner. The petitioner, who has been in custody since 31‑12‑2025 and has no prior criminal record, pleaded innocence and sought regular bail. The State opposed the bail application. After reviewing the victim’s statement and the circumstances, the Court held that the allegations did not preclude bail and allowed the regular bail application, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite allegations under Sections 137(1), 96, 351(2), 351(3) and 3(5) of the BNSS.
- Whether the victim’s statement indicating a consensual elopement affects the bail decision.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 137(1), 3(5), 351(2), 351(3), 96
Subjects
- regular bail
- Bharatiya Nyaya Sanhita
- minor
- elopement
- consent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27587 of 2026
Arising Out of PS. Case No.-539 Year-2025 Thana- TEKARI District- Gaya
======================================================
Raju Kumar Son of Late Shailesh Chaudhary Resident Of Village -
Chandaliya, Ps- Atri, Dist- Gaya Ji
... ... Petitioner/s
Versus
1. The State of Bihar
2. X son of Binod Chaudhary Resident Of Village - Khiriawan, Ps- Magadh
Medical, Dist- Gaya Ji
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shivendra Prasad
For the Opposite Party/s : Mr. Shantanu Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 28-04-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Tekari P.S. Case No. 539 of 2025 registered for the offence
under Section(s) 137(1), 96, 351(2), 351(3) and 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the petitioner is
accused of taking away the minor victim by luring her.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 31.12.2025 and has no criminal
antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
Patna High Court CR. MISC. No.27587 of 2026(2) dt.28-04-2026
2/2
6. I have considered the submissions of the parties and
have gone through the records of the case. From the statement
of the victim girl recorded under Section 183 BNSS, it appears
that there is a love affair between the parties and the victim had
eloped with the petitioner on her own.
7. Considering the aforesaid facts and circumstances,
this application for regular bail is allowed.
8. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with Tekari P.S. Case
No. 539 of 2025.
9. 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)
Shishir/-
U T
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