Patna High Court
Babulal Das @ Mantu Das @ Babul DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Indian Evidence Act, 1872 — s. 183
- Indian Penal Code — s. 363
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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