Patna High Court

Ajay Kumar @ Ajay RaiversusThe State of Bihar

Decided: 28 January 2026
Disposal: BAIL GRANTED
Bench: SONI SHRIVASTAVA

Holding

The Court granted anticipatory bail to the petitioner subject to bond and surety conditions.

Summary

The petitioner, Ajay Kumar, was arrested in connection with a case alleging that he kidnapped a 17‑year‑old girl for the purpose of marriage. The FIR invoked sections 137(2), 96 and 3(5) of the Bihar Negotiable Substances Act, 2023. The victim’s statement under Section 183 of the same Act indicated that she voluntarily eloped with the petitioner, married him in Delhi, and there was no allegation of sexual assault. The petitioner, who has no prior criminal record, applied for anticipatory bail, which was opposed by the State. Considering the victim’s consent, the absence of sexual assault, and the petitioner’s clean record, the Court granted anticipatory bail subject to a bond and sureties, invoking Section 438(2) of the CrPC and Section 482(2) of the BNSS, 2023.

Issues considered

Whether anticipatory bail can be granted in a case involving alleged kidnapping of a minor for marriage
Whether the victim’s consent under Section 183 BNSS negates the criminal liability under sections 137(2), 96 and 3(5) of BNSS, 2023
Whether the petitioner’s clean record and lack of sexual assault allegation justify bail

Legislation cited

Code of Criminal Procedure — s. 438(2)

Subjects

anticipatory bail
kidnapping
marriage
consent
minor
Criminal Procedure Code
Bihar Negotiable Substances Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.2937 of 2026
                     Arising Out of PS. Case No.-66 Year-2025 Thana- GAIGHAT District- Muzaffarpur
                 ======================================================
                 Ajay Kumar @ Ajay Rai S/O Binod Ray @ Vinod Ray R/o Village -
                 Panchhagchiya, P.S.-Maithi, District- Muzaffarpur.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Shashank Shekhar,Advocate
                                                  Mr. Utsav Kumar, Advocate
                 For the Opposite Party/s :       Mr.Narendra Kumar Singh,APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   28-01-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                  2. The petitioner apprehends his arrest in connection

                   with Gaighat P.S. Case no.66 of 2025 registered under sections

                   137(2), 96 and 3(5) of B.N.S, 2023.

                                 3.The allegation in the F.I.R is that informant’s

                   daughter was kidnapped by the petitioner and two other persons

                   for the purpose of marriage.

                                 4. Learned counsel for the petitioner submits that the

                   age of the victim has itself been disclosed as 17 years and

                   considering her date of birth as mentioned in the bail rejection

                   order, she is on the verge of attaining majority. It is further

                   submitted that the statement of the victim was recorded under
Patna High Court CR. MISC. No.2937 of 2026(2) dt.28-01-2026
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          Section 183 of the B.N.S.S., which clearly indicates that the

          petitioner and the victim were in a consensual love relationship.

          The victim voluntarily left her parental home out of her own

          free will and accompanied the petitioner, whereafter they went

          to Delhi, solemnized their marriage and started residing together

          as husband and wife. It is further submitted that there is no

          allegation of any sexual assault at the hands of the petitioner.

          The petitioner has no criminal antecedent and undertakes to

          cooperate with the investigation/trial.

                       5. The application for anticipatory bail is opposed by

          learned A.P.P. for the State.

                       6. Taking into consideration the aforesaid facts and

          circumstances and also considering that the victim in her

          statement recorded under Section 183 BNSS has stated that she

          eloped with the petitioner out of her own sweet will and had

          solemnized marriage with him and no allegation of any sexual

          assault upon the victim at the hands of the petitioner, it is

          directed that the petitioner, above named, in the event of his

          arrest or surrender before the learned Court below within a

          period of four weeks, be released on anticipatory bail in

          connection with Gaighat P.S. Case no.66 of 2025 on furnishing

          bail bond of Rs.10,000/- (Rupees Ten Thousand) with two
            Patna High Court CR. MISC. No.2937 of 2026(2) dt.28-01-2026
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                      sureties of the like amount each to the satisfaction of the learned

                      Court concerned where the case is pending/successor Court,

                      subject to the condition laid down under Section 438(2) of the

                      Code of Criminal Procedure/Section 482(2) of the B.N.S.S,

                      2023.


                                                (Soni Shrivastava, J)

Harsh/-
U       T

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