Patna High Court
Sakin Kumar @ Sanjeet KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court allowed the petition for regular bail, granting bail to the accused.
Summary
The petitioner, Sakin Kumar, was charged under Sections 366(A) and 34 of the Indian Penal Code for alleged kidnapping of a girl. The prosecution alleged that he abducted the victim, while the petitioner claimed innocence, asserting that the victim voluntarily left her home and lived with him in Delhi, as recorded in her statement under Section 184 of the Criminal Procedure Code. The petitioner applied for regular bail, presenting a clean antecedent and willingness to cooperate with the trial. The Additional Public Prosecutor opposed the bail, but the court considered the victim’s voluntary statement and the circumstances of the case. Consequently, the court granted regular bail, ordering the petitioner to furnish a bail bond of Rs. 10,000 with two sureties of the same amount.
Issues considered
- Whether regular bail should be granted to an accused under Sections 366(A) and 34 of the IPC when the victim’s statement indicates she left home voluntarily.
Legislation cited
- Criminal Procedure Code — s. 184
- Indian Penal Code — s. 34, 366A
Subjects
- regular bail
- kidnapping
- IPC 366A
- victim consent
- CrPC Section 184
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41518 of 2026
Arising Out of PS. Case No.-625 Year-2013 Thana- AHIYAPUR District- Muzaffarpur
======================================================
Sakin Kumar @ Sanjeet Kumar S/o Lalu Sahni Resident of Village -
Sahwazpur, P.S.- Ahiyapur, Dist- Muzaffarpur.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Most. Rajiya W/o Late Shital Sahni R/o Village - Kolhua Pagambarpur, P.S.
- Ahiyapur, Dist. - Muzaffarpur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sumit Jha, Advocate
For the Opposite Party/s : Mr.Sanjay Kumar Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 25-06-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks regular bail in the present case
registered for the offences punishable under Section 366(A)/ 34
of the Indian Penal Code.
3. As per the prosecution case, petitioner is accused of
kidnapping the victim.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in the
present case. Learned counsel further submits that the victim, in
her statement, has stated that she had left her home of her own
free will with the petitioner and had been residing with him in
Patna High Court CR. MISC. No.41518 of 2026(2) dt.25-06-2026
2/2
Delhi. Petitioner claims clean antecedent and he is in custody
since 25.03.2026. The petitioner undertakes to co-operate in the
case/ trial.
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner.
6. Considering the facts and circumstances of the case
as well as the statement of the victim girl recorded under
Section 184 Cr.P.C. that she had left her home of her own free
will with the petitioner and had been residing with him in Delhi,
this application for regular bail is allowed.
7. 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 Chief Judicial Magistrate,
Muzaffarpur /concerned Court below in connection with
Ahiyapur P.S. Case No. 625 of 2013.
(Sandeep Kumar, J)
tusharika/-
U T
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