Patna High Court
Ajay Kumar @ GandhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Criminal Procedure Code — s. 161, 164
- Indian Penal Code — s. 34, 366A
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
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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
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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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