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Patna High Court

NIPPU CHAUDHARY @ NIPU CHAUDHRIversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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/-

U       T


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