Patna High Court
Akash Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted anticipatory bail to the petitioner, subject to a bond and sureties, under the applicable provisions.
Summary
The petitioner, Akash Kumar Singh, applied for anticipatory bail after being implicated in a case alleging kidnapping of a woman for marriage, under sections 137(2), 308(3), 126(2), 115(2), 352 and 3(5) of the B.N.S, 2023. He argued that the FIR was lodged with an inordinate delay (the incident occurred on 05‑09‑2025, FIR filed on 27‑09‑2025) and that the victim’s statement under Section 183 of the B.N.S indicated a consensual relationship, voluntary elopement, and marriage, with no allegation of sexual assault. The State opposed the bail. The Court, noting the victim’s voluntary statement, the absence of any sexual assault allegation, the petitioner’s clean record, and the delay in FIR filing, granted anticipatory bail subject to a Rs.10,000 bond and two sureties, under Section 438(2) of the CrPC and Section 482(2) of the B.N.S, 2023.
Issues considered
- Whether anticipatory bail should be granted in a case involving alleged kidnapping for marriage under the specified sections of the B.N.S, 2023.
- Whether the delay in lodging the FIR is a ground to deny bail.
- Whether the victim’s statement under Section 183 of the B.N.S, indicating consensual elopement, negates the kidnapping allegation.
- Whether the petitioner’s lack of prior criminal antecedents warrants bail.
Legislation cited
- B.N.S., 2023 — s. 115, 126, 137, 183, 3, 308, 352, 482
- Code of Criminal Procedure — s. 438
Subjects
- anticipatory bail
- kidnapping
- marriage
- delay in FIR
- victim consent
- Section 137
- Section 308
- Section 126
- Section 115
- Section 352
- Section 438
- Section 482
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3416 of 2026
Arising Out of PS. Case No.-239 Year-2025 Thana- BARSOI District- Katihar
======================================================
Akash Kumar Singh S/O Chetridhar Singh @ Chatradhar Singh Resident of
Village- Sitgram, (Shitgaon, Dhachna), P.S.- Kachna, District- Katihar
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sarves Kumar Das S/O Deven Das R/O Vill.- Jagatpur, P.S.- Barsoi, Dist.-
Katihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajendra Prasad Sah, Advocate
For the Opposite Party/s : Mr.Madhura Nand Jha, 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 Barsoi P.S. Case no.239 of 2025 registered under sections
137(2), 308(3), 126(2), 115(2), 352 and 3(5) of B.N.S, 2023.
3. The allegations in the F.I.R is that informant’s
daughter was kidnapped by the petitioner for the purpose of
marriage.
4. Learned counsel for the petitioner submits that
there is inordinate and unexplained delay in lodging of the F.I.R
inasmuch as while the occurrence took place on 05.09.2025, the
F.I.R was lodged on 27.09.2025. It is further submitted that the
Patna High Court CR. MISC. No.3416 of 2026(2) dt.28-01-2026
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statement of the victim was recorded under 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 and solemnized marriage in a temple
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 of the fact 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 there is 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 Barsoi P.S. Case no.239 of 2025 on furnishing
Patna High Court CR. MISC. No.3416 of 2026(2) dt.28-01-2026
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bail bond of Rs.10,000/- (Rupees Ten Thousand) with two
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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