Patna High Court
Pappu Sharma @ Pappu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RITESH KUMAR
Holding
The court granted anticipatory bail to the petitioner subject to specified conditions.
Summary
The petitioner, Pappu Sharma, was accused of kidnapping the daughter of an informant in connection with a case under Sections 87 and 3(5) of the B.N.S., 2023. He claimed the allegations were false, asserting that the woman was his consensual partner, that they had married, and that the FIR was lodged with an unreasonable delay. The victim’s statement, recorded under Sections 180 and 183 of the B.N.S., corroborated that she had voluntarily gone with the petitioner, married him, and refused a medical examination. The State opposed anticipatory bail, arguing the conduct amounted to kidnapping for marriage. After reviewing the statements and the circumstances, the court granted anticipatory bail on the condition of a Rs.10,000 bond, two sureties, verification of the petitioner’s antecedent, and compliance with Section 482(2) of the B.N.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the B.N.S.
- Whether the alleged conduct constitutes an offence under Sections 87 and 3(5) of the B.N.S.
- Whether the delay in filing the FIR is a material factor affecting bail
Legislation cited
- B.N.S., 2023 — s. 180, 183, 3(5), 482(2), 87
Subjects
- kidnapping
- anticipatory bail
- marriage
- FIR delay
- criminal antecedent
- Section 482
- Section 87
- Section 3(5)
- victim statement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32389 of 2026
Arising Out of PS. Case No.-55 Year-2025 Thana- MORKAHI District- Khagaria
======================================================
Pappu Sharma @ Pappu Kumar S/o Ram Nivas Sharma Resident of Village-
Banher @ Benhar, P.S.- Morkahi, District- Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Binod Kumar, Advocate
Mr. Amit Prakash, Advocate
Ms. Mona Verma, Advocate
Mr. Chitranjan Kumar, Advocate
Mr. Sushant Kumar, Advocate
For the State : Mr. Navin Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
3 24-06-2026 Heard the learned counsel for the petitioner and the
learned A.P.P. appearing on behalf of the State.
2. The petitioner apprehends his arrest in connection
with Morkahi P.S. Case No. 55 of 2025 for allegedly having
committed offences under Sections 87 and 3(5) of B.N.S., 2023.
3. As per the prosecution story, which has been lodged
on the basis of the written report submitted by the informant, to
the effect that his daughter was cleaning the front door of her
house, in the meantime, the petitioner along with other co-
accused and 2-3 unknown persons, armed with weapons,
stopped their car on the road in front of the informant’s house
and by showing the weapons, they forcibly caught hold of the
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daughter of the informant and dragged her in the vehicle and
fled away.
4. The learned counsel for the petitioner submits that
the petitioner is innocent and has not committed any offence.
The entire prosecution story is false and concocted. He further
submits that the occurrence is said to have taken place on
21.04.2025, however the First Information Report was lodged
on 26.04.2025 and no explanation has been given by the
informant for the delay in lodging the First Information Report.
He further submits that the victim girl in her statement recorded
under Sections 180 and 183 of the B.N.S.S. has said that she
herself went with Pappu Sharma for the purposes of marriage
and even she solemnized marriage with the petitioner herein. He
further submits that the victim girl has refused to go for medical
check-up. The learned counsel for the petitioner submits that the
daughter of the informant and the petitioner were in love with
each other and they have already solemnized marriage and on
account of the same, the present First Information Report has
been lodged. The petitioner has got a clean antecedent.
5. Per Contra, the learned A.P.P. appearing on behalf
of the State opposes the prayer for grant of anticipatory bail to
the petitioner and submits that the petitioner kidnapped the
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daughter of the informant from her home for the purposes of
marriage.
6. Having considered the rival submissions and after
going through the records, it appears that during course of
investigation, the daughter of the informant was recovered and
she gave her statement under Section 183 of the B.N.S.S.,
wherein she specifically said that she called the petitioner on his
phone and on her request, the petitioner came there and both of
them fled away. She married the petitioner at a temple in
Prayagraj and later on before the competent court at Ghaziabad.
She has further said that she wants to live with her husband and
she stated her age to be of 20 years. Further, she has refused to
go for medical examination.
7. Taking into consideration the facts aforesaid, let the
petitioner, above-named, in the event of his arrest or surrender
within a period of six weeks, be released on bail on furnishing
bail bond of Rs.10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
A.C.J.M., 1st, Khagaria in connection with Morkahi P.S. Case
No.55 of 2025, subject to the conditions laid down under
Section 482(2) of the B.N.S.S with a further condition that:-
The learned court concerned shall verify the criminal
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antecedent of the petitioner and in case at any stage it is found
that the petitioner has concealed his criminal antecedent, the
court concerned shall take steps for cancellation of his bail
bond. However, the acceptance of bail bond in terms of the
above-mentioned order shall not be delayed for purpose of or in
the name of verification.
(Ritesh Kumar, J.)
Sanjay/-
U T
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