Patna High Court
Rajan Kumar @ Rajan MusaharversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court held that bail should be granted as the victim had voluntarily eloped with the petitioner.
Summary
Petitioner Rajan Kumar was arrested in connection with a kidnapping case (PS Dhanaha Case No. 234 of 2024) alleging he abducted a minor girl with intent to marry her, invoking sections 137(2), 96, 303(2), 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. He pleaded innocence, claimed a clean record and that the girl had voluntarily eloped with him. The State opposed his regular bail application. The Court, after reviewing the material, observed that the victim had indeed eloped of her own volition and therefore found no compelling reason to keep the petitioner detained. Consequently, the Court granted regular bail on a bond of Rs.10,000 with two sureties, emphasizing that its observations were prima facie and not a determination on the merits of the case.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the kidnapping and related offences.
- Whether the alleged voluntary elopement of the victim negates the necessity for continued detention.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 137(2), 303(2), 3(5), 351(2), 352, 96
Subjects
- regular bail
- kidnapping
- elopement
- Bharatiya Nyaya Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40562 of 2026
Arising Out of PS. Case No.-234 Year-2024 Thana- DHANAHA District- West Champaran
======================================================
Rajan Kumar @ Rajan Musahar S/o Sugrim Musahar R/o Village - Rangalahi,
Police Station - Dhanaha, District - West Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXX W/o YYY R/o Village - Rangalahi, Police Station - Dhanaha, District -
West Champaran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brij Kishor Mishra
For the Opposite Party/s : Mr. Raj Ballabh Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 24-06-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Dhanaha P.S. Case No. 234 of 2024 registered for the offence
under Section(s) 137(2), 96, 303(2), 352, 351(2) and 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the petitioner is alleged
to have kidnapped the minor daughter of the complainant with
the intention of marrying her.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 15.07.2025 and claims clean
antecedent.
5. Learned A.P.P. for the State has vehemently
Patna High Court CR. MISC. No.40562 of 2026(2) dt.24-06-2026
2/2
opposed the prayer for bail.
6. I have considered the submissions of the parties and
have gone through the records of the case. From the perusal of
the materials available on record, it appears that the victim had
eloped with the petitioner on her own.
7. Considering the aforesaid facts and circumstances,
this application for regular bail is allowed.
8. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with Dhanaha P.S. Case
No. 234 of 2024.
9. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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