Patna High Court
Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The Court granted regular bail to the petitioner with specified conditions.
Summary
The petitioner, Chandan Kumar, was arrested in connection with a case alleging that he forcibly married an informant's daughter to a co-accused on 18 May 2025. He sought regular bail under Sections 96, 126(2), 115(2), 117(2), 351(2), 3(5) and 61(1) of the Bharatiya Nyaya Sanhita, 2023, claiming innocence and highlighting a two‑day delay in filing the complaint, non‑arrest of the co‑accused, and the non‑recovery of the alleged victim. The State opposed the bail, contending the seriousness of the offences and the petitioner’s pending criminal cases. The Court examined the delay, the lack of concrete evidence, and the petitioner’s right to liberty, and concluded that bail could be granted subject to strict conditions to ensure his cooperation and prevent tampering with evidence. Accordingly, the Court ordered the release of the petitioner on bail with a cash bond of Rs.10,000 and two sureties, imposing conditions such as regular appearance before the police and the risk of cancellation on non‑compliance. The application for bail was allowed.
Issues considered
- Whether the petitioner is entitled to regular bail under the Bharatiya Nyaya Sanhita, 2023 despite the nature of the offences alleged.
- Whether the delay in filing the complaint and the absence of the alleged victim affect the bail decision.
- Whether the petitioner’s pending criminal cases justify denial of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 117(2), 126(2), 3(5), 351(2), 61(1), 96
Subjects
- regular bail
- Bharatiya Nyaya Sanhita
- criminal procedure
- forced marriage allegation
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4566 of 2026
Arising Out of PS. Case No.-382 Year-2025 Thana- FATEHPUR District- Gaya
======================================================
Chandan Kumar Son of Sunil Yadav Resident of Village- Manik Bigha P.S
-Fatehpur District -Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Minu Kumari, Advocate
For the Opposite Party/s : Mr.Bishweshwar Ram, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
3 25-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks regular bail in Fatehpur P.S.
Case No. 382 of 2025 dated 19.05.2025, registered under
Sections 96, 126(2), 115(2), 117(2), 351(2), 3(5) and 61(1) of
the Bharatiya Nyaya Sanhita, 2023.
3. The allegation against the petitioner is that he took
the informant’s daughter to his room at Gaya and forcibly got
her married to Deepak Kumar on 18.05.2025.
4.Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
present case. It is further submitted that, as a matter of fact, the
daughter of the informant was married to co-accused Deepak
Kumar and the petitioner has no concern whatsoever with the
Patna High Court CR. MISC. No.4566 of 2026(3) dt.25-02-2026
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said Deepak Kumar or the alleged occurrence. It is submitted
that neither the said Deepak Kumar has been arrested nor the
victim girl has been recovered as yet. The present case has been
lodged after an unexplained delay of two days from the date of
the alleged occurrence without any plausible explanation.
Lastly, it is submitted that the petitioner has been in judicial
custody since 19.08.2025 and two criminal cases are stated to be
pending against him.
5. Learned Additional Public Prosecutor for the State
has opposed the prayer.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, let
the petitioner be released on bail upon furnishing bail bonds of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of the learned Court of C.J.M. Gaya, in
connection with Fatehpur P.S. Case No. 382 of 2025, subject to
the following conditions: -(i) that the petitioner shall co-operate
in the trial and shall be properly represented on each and every
date fixed by the Court and on his absence on two consecutive
dates without sufficient reason, his bail bond shall be cancelled
by the court below, (ii) that one of the bailors will be his own
blood relation, preferably father, mother, brother, sister and or
Patna High Court CR. MISC. No.4566 of 2026(3) dt.25-02-2026
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his wife, (iii) that the bailor shall also state on affidavit that he
will inform the court concerned if the petitioner is made accused
in any other case of similar nature after his release in the present
case and thereafter the court below will be at liberty to initiate
the proceeding for cancellation of bail on ground of misuse (iv)
that if the petitioner tampers with the evidence or the witnesses,
in that case, the prosecution will be at liberty to move for
cancellation of bail and (v) that the petitioner will appear before
the SHO of concerned PS in the first week of each month till the
framing of charge in this case.
7. The application stands allowed.
(Khatim Reza, J)
shyambihari/-
U
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