Patna High Court
SANDEEP PANDEY @ SANDEEP KUMAR PANDEYversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court granted bail to the petitioner, directing his release upon furnishing the prescribed bond and sureties.
Summary
The petitioner, Sandeep Pandey, was not named in the FIR relating to a kidnapping case (Sections 363 and 366-A IPC) involving a minor girl. The victim’s statements under Sections 161 and 164 of the CrPC were contradictory: initially she claimed she left voluntarily and married Santosh Pandey, later she alleged that Pandey kidnapped her and handed her over to another person. The petitioner sought bail, asserting a clean antecedent and disputing any involvement. The Additional Public Prosecutor opposed bail. The Court examined the inconsistencies in the victim’s statements and, finding insufficient basis to detain the petitioner, ordered his release on bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 438(2) CrPC and Section 482(2) BNSS 2023.
Issues considered
- Whether the petitioner is liable to be detained in connection with the kidnapping case despite not being named in the FIR.
- Whether the contradictions in the victim’s statements under Sections 161 and 164 CrPC justify denial of bail.
- Whether bail can be granted under Section 438(2) CrPC and Section 482(2) BNSS 2023.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Code of Criminal Procedure — s. 161, 164, 438(2)
- Indian Penal Code — s. 363, 366-A
Subjects
- bail
- kidnapping
- kidnapping for marriage
- contradictory statements
- anticipatory bail
- CrPC
- BNSS
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36834 of 2026
Arising Out of PS. Case No.-74 Year-2020 Thana- ISHUPUR BARAHAT District- Bhagalpur
======================================================
Sandeep Pandey @ Sandeep Kumar Pandey, Son of Ramlochan Pandey
permanent resident of village- Sundrachak, P.S.- Ishipur Barahat, District-
Bhagalpur, at present resident of 2-64/123/44, PGR Nagar, Gachibowli, P.S.-
Raidurgam, District- Rangareddy (Telangana).
... ... Petitioner
Versus
1. The State of Bihar
2. Rita Devi, Wife of Late Dinesh Prasad Singh, Resident of Village-Chhoti
Saho, P.S.- Ishipur Barahat, District- Bhagalpur.
... ... Opposite Parties
======================================================
Appearance :
For the Petitioner/s : Mr. Diwakar Upadhyaya, APP
For the Opposite Party/s : Ms. Anita Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 17-06-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The accused/petitioner is not named in the FIR
and apprehending his arrest in connection with Ishipur
Barahat P.S. Case No.74 of 2020 registered under Sections
363 and 366-A of the Indian Penal Code.
3. As per FIR, named co-accused persons
kidnapped the minor daughter of informant aged about 16
years for the purpose of illicit intercourse/marriage with
another person.
4. It is submitted by learned counsel that during
Patna High Court CR. MISC. No.36834 of 2026(2) dt.17-06-2026
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the course of investigation, the statement of victim under
Sections 161 and 164 of the Code of Criminal Procedure (in
short ‘CrPC’) was recorded, where while recording her
statement under Section 161 of the CrPC, she straightway
stated that she left her parental home for co-accused
Santosh Pandey with whom she solemnized marriage at
Hyderabad and thereafter started to live as wife and
husband and as she came to know that her mother instituted
a criminal case, thereafter, she came to Bihar. It is pointed
out that modifying her aforesaid statement under Section
164 of the CrPC, the victim stated that this petitioner
forcefully kidnapped her from her parental home and hand
over to one Awadhesh Kumar Pandey at Patna Airport for
Hyderabad. It is argued that petitioner was working at
Hyderabad and known to Santosh Pandey with whom this
victim solemnized her marriage after leaving Bihar. It is
submitted that being agnate and known to Santosh Kumar,
this petitioner was implicated with present crime in question.
The petitioner claimed clean antecedent.
5. Learned APP opposed the prayer of bail.
Patna High Court CR. MISC. No.36834 of 2026(2) dt.17-06-2026
3/3
6. In view of aforesaid factual submissions and by
taking note of contradictions as discussed aforesaid qua
involvement of petitioner with present crime in question out
of statement of victim recorded under Sections 161 and 164
of the CrPC, accordingly, the petitioner, above-named, in the
event of his arrest or surrender in the court below within a
period of four weeks from today, is directed to 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 C.J.M. Bhagalpur or Successor
Court in connection with Ishipur Barahat P.S. Case No.74 of
2020, subject to the conditions as laid down under Section
438(2) of the Code of Criminal Procedure (in short
‘CrPC’)/under Section 482(2) of the Bhartiya Nagrik
Suraksha Sanhita, 2023 (in short ‘BNSS’).
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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