Patna High Court
NIPPU CHAUDHARY @ NIPU CHAUDHRIversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail was granted to the petitioner on the condition of a Rs. 10,000 bond with two sureties.
Summary
The petitioner, Nippu Chaudhary, was arrested for alleged kidnapping and forced marriage of a girl, offenses charged under Sections 137(2), 96, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The victim later gave a statement under Section 183 stating that the relationship was consensual, they had been in a love affair for two years, left home voluntarily, and had married in Shimla, with no allegation of sexual exploitation. The informant‑opposite party also affirmed that the petitioner and the victim are now married. The court considered the consensual nature of the relationship, the victim’s statement, and the lack of medical evidence, and decided that these circumstances warranted bail. Accordingly, the petitioner was ordered to be released on bail upon furnishing a bail bond of Rs. 10,000 with two sureties of equal amount. The bail order was pronounced by Justice Soni Shrivastava.
Issues considered
- What is the applicability of Sections 137(2), 96, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 in a case where the alleged kidnapping culminates in a consensual marriage?
- Does the victim’s voluntary statement under Section 183 and the existence of a love affair justify granting bail despite the serious nature of the charges?
- Should the lack of medical examination and the informant’s acknowledgment of the marriage affect the bail decision?
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 137(2), 183, 3(5), 351(2), 96
Subjects
- bail
- kidnapping
- forced marriage
- consensual marriage
- love affair
- Bharatiya Nyaya Sanhita
- Section 183
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28872 of 2026
Arising Out of PS. Case No.-265 Year-2025 Thana- BAIRIYA District- West Champaran
======================================================
NIPPU CHAUDHARY @ NIPU CHAUDHRI S/O SURENDRA
CHAUDHRI R/o vill - Bagahi Nimiya Tola, ward no. 9, P.S.- Bairiya, Distt.-
West Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXX W/o YYY R/o vill - Bagahi Lamaiya tola, ward no. 15, P.s.- Bairiya,
Distt.- West Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sarvesh Kashyap, Advocate
For the Opposite Party/s : Mrs. Madhuri Lata, APP
For the O.P. No.2 : Mr. Deepak Kumar, Advocate
Mr. Chandan Kumar Singh, Advocate
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 11-06-2026 Heard learned counsel for the petitioner, learned
counsel for the opposite party no.2 and learned APP for the State
through virtual mode.
2. The petitioner seeks bail in a case registered for
the offence punishable under Sections 137(2), 96, 351(2) and
3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, while the daughter
of the informant had gone for coaching, the petitioner in
association of other co-accused is said to have kidnapped her
and later on solemnized marriage with her.
4. It is submitted by learned counsel for the
Patna High Court CR. MISC. No.28872 of 2026(3) dt.11-06-2026
2/3
petitioner that the present case arises out of love affair between
the petitioner and the victim and the statement of the victim was
recorded after her recovery under Section 183 B.N.S.S., wherein
she has clearly stated that she was in talking terms with the
petitioner for the past two years and they had both left the house
on their own volition and went to Shimla and even performed
marriage there. The victim has not alleged any allegations
against the petitioner much less there being any allegations of
any sexual exploitation. Further, the victim refused her medical
examination as would be evident from the medical examination
report. Petitioner, who is a young boy, aged about 25 years, is
in custody since 04.09.2025 and the charge-sheet has already
been submitted in this case.
5. Learned counsel for the informant/opposite
party no.2 has also supported the fact that the petitioner and
victim are now married to each other.
6. Taking into consideration the facts and
circumstances of the case and also considering the fact that there
is love affair in the background of the case coupled with the fact
that the petitioner and the victim are already married, the above
named petitioner is directed to be enlarged on bail on furnishing
bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two
Patna High Court CR. MISC. No.28872 of 2026(3) dt.11-06-2026
3/3
sureties of the like amount each to the satisfaction of the learned
Court below where the case is pending/successor Court in
connection with Bairiya P.S. Case No.265 of 2025.
(Soni Shrivastava, J)
Trivedi/-
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