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Patna High Court

Babulal Das @ Mantu Das @ Babul DasversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court allowed the bail application, granting regular bail to the petitioner.

Summary

The petitioner, Babulal Das, was charged under Section 363 of the Indian Penal Code for allegedly kidnapping a girl. He had been in custody since 31 March 2026 and claimed innocence, citing a clean antecedent. The victim’s statement recorded under Section 183 indicated that she had voluntarily eloped with the petitioner and subsequently married him. Considering these facts, the court found no substantive reason to deny bail. Consequently, the court granted regular bail on a bond of Rs. 10,000 with two sureties, emphasizing that the observations were prima facie and would not affect the trial.

Issues considered

  • Whether regular bail should be granted to an accused under Section 363 IPC when the alleged victim has voluntarily eloped and married the accused.

Legislation cited

Subjects

  • bail
  • kidnapping
  • IPC 363
  • elopement
  • marriage
  • clean antecedent
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.44664 of 2026
                       Arising Out of PS. Case No.-32 Year-2026 Thana- CHANDAN District- Banka
                 ======================================================
                 Babulal Das @ Mantu Das @ Babul Das S/o Dhanraj Das R/o Vill-
                 Bahadurpur, P.S.- Devipur, Distt- Deoghar (Jharkhand)

                                                                                 ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Mukul Kumari
                 For the Opposite Party/s :       Mr. Sunil Kumar Pandey
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   09-07-2026                  Heard the learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks regular bail in connection with

                   Chandan P.S. Case No. 32 of 2026 registered for the offence

                   under Section(s) 363 of the Indian Penal Code.

                                3. As per the prosecution case, the petitioner is

                   accused of kidnapping the victim girl.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has not committed any offence.

                   Petitioner is in custody since 31.03.2026 and claims clean

                   antecedent.

                                5. Learned A.P.P. for the State has vehemently

                   opposed the prayer for bail.

                                6. I have considered the submissions of the parties and
            Patna High Court CR. MISC. No.44664 of 2026(2) dt.09-07-2026
                                                        2/2




                      have gone through the records of the case. From the statement

                      of the victim girl recorded under Section 183 BNSS, it appears

                      that she had eloped with the petitioner on her own and thereafter

                      got married to the petitioner.

                                   7. Considering the aforesaid facts and circumstances

                      and the statement of the victim girl, 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 Chandan P.S. Case

                      No. 32 of 2026.

                                   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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