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Patna High Court

Ajay Kumar @ GandhiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner.

Summary

Ajay Kumar was arrested in connection with a case registered under IPC sections 366(A) and 34, alleged to have kidnapped a girl. The petitioner claimed innocence, stating that he and the victim were in a consensual relationship, had married, and a child was born. The victim’s statements recorded under CrPC sections 161 and 164 did not support the prosecution’s case. The State and the informant did not contest these submissions. Considering the victim’s non‑cooperation, the petitioner’s clean antecedents, and the length of custody, the court allowed the regular bail application with a bond of Rs.10,000 and two sureties, subject to conditions of regular appearance.

Issues considered

  • Whether regular bail can be granted to the accused in a case under IPC sections 366(A) and 34 given the victim’s statements and the circumstances of a consensual relationship and marriage.

Legislation cited

Subjects

  • bail
  • kidnapping
  • IPC 366A
  • IPC 34
  • CrPC 161
  • CrPC 164
  • consensual relationship
  • marriage
  • victim statement

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27730 of 2026
                      Arising Out of PS. Case No.-64 Year-2024 Thana- BHAPTIAHI District- Supaul
                 ======================================================
                 Ajay Kumar @ Gandhi Son of Ramanand Yadav R/o Village- Saraigarh, Ward
                 no. 11, P.O. - Bhapatyahi, P.S.- Bhapatyahi, Dist. - Supaul, Bihar, 852105.

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    XXX W/O YYY R/o Village - Chikani , Ward no. 08, P.S. - Bhapatyahi,
                 Dist. - Supaul, Bihar.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Kuldeep Kumar
                 For the Opposite Party/s :       Mr. Nirmal Kumar Sinha
                 For the Informant        :       Mr. Prashant Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   11-05-2026                  Heard the learned counsel for the petitioner, the

                   learned APP for the State and the learned counsel for the

                   informant.

                                2. The petitioner seeks regular bail in connection with

                   Bhaptiyahi P.S. Case No. 64 of 2024 registered for the offence

                   under Section(s) 366(A) and 34 of the Indian Penal Code.

                                3. As per the prosecution case, the petitioner is

                   accused of kidnapping the victim girl.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has not committed any offence. It is

                   submitted that the petitioner is in custody since 28.11.2025 and

                   has clean antecedent. Learned counsel further submits that the
Patna High Court CR. MISC. No.27730 of 2026(2) dt.11-05-2026
                                            2/3




          petitioner and the victim were in a consensual relationship and

          have subsequently solemnized their marriage. It is also

          submitted that a child has been born out of the said wedlock.

                       5. Learned A.P.P. for the State as well as learned

          counsel for the informant do not dispute the aforesaid

          submissions made on behalf of the petitioner.

                       6. Considering the aforesaid facts and circumstances

          of the case, the statements of the victim recorded under Sections

          161 and 164 of the Cr.P.C., wherein she has not supported the

          prosecution case and the period of custody of the petitioner, this

          application for regular bail is allowed.

                       7. 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 Bhaptiyahi P.S.

          Case No. 64 of 2024 subject to conditions that:-

                                             (i). The petitioner shall appear in
                                  the trial regularly either personally or
                                  through his lawyer and shall cooperate in
                                  the trial and non-cooperation in the trial
                                  shall result in cancellation of the bail bond
                                  of the petitioner.
                       8. It is made clear that any observation made herein is

          prima facie in nature and limited solely for the purpose of
            Patna High Court CR. MISC. No.27730 of 2026(2) dt.11-05-2026
                                                        3/3




                      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


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