Patna High Court
Vidyanand Kumar @ Vidyanand SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court granted bail to the petitioner subject to bond and sureties.
Summary
The petitioner Vidyanand Kumar sought regular bail in a case registered under Section 366(A) of the IPC for allegedly kidnapping a 16‑year‑old girl for marriage with the assistance of his father. The prosecution alleged that the girl went missing on 18‑07‑2022 and that the petitioner threatened the informant. The petitioner contended he was falsely implicated and that the victim’s statement under Section 183 of the BNSS indicated a consensual relationship, marriage, and a child. The State opposed bail. The court, after considering the facts, granted bail on a bond of Rs.10,000 with two sureties, subject to cooperation with the trial and availability as required.
Issues considered
- Whether the petitioner is entitled to regular bail for an offence punishable under Section 366(A) IPC.
- Whether the victim’s statement recorded under Section 183 BNSS influences the grant of bail.
- Whether the alleged involvement of a minor necessitates denial of bail.
Legislation cited
- BNSS — s. 183
- Indian Penal Code — s. 366(A)
Subjects
- regular bail
- Section 366A IPC
- kidnapping for marriage
- minor
- POCSO
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50395 of 2025
Arising Out of PS. Case No.-83 Year-2022 Thana- PARBATTA District- Bhagalpur
======================================================
Vidyanand Kumar @ Vidyanand Sah S/o- Sanjay Sah Village- Faridpur,
Police Station- Kharik, District-Bhagalpur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Ashok Mandal Son of Late Vakil Mandal Resident of Village- Raghopur,
P.S.- Parbatta, Distt.- Bhagalpur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Mukherjee
For the State : Mr. Mithlesh Kumar Khare
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
5 08-01-2026 Heard learned counsel for the petitioner as well as
learned APP for the State.
2. In this case, the petitioner is seeking regular bail in
connection with Parbatta P.S. Case No. 83 of 2022, registered for the
offences punishable under Section 366(A) of the IPC.
3. As per the prosecution case, on 18.07.2022, the
informant’s 16 years old daughter went missing after leaving
coaching class. It is alleged that the petitioner, with assistance of his
father, kidnapped the informant’s minor daughter for marriage. When
informant confronted him, he threatened him to kill and ousted him
from his house.
4. The learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.50395 of 2025(5) dt.08-01-2026
2/2
present case. He has further submitted that statement of victim has
been recorded under Section 183 of the BNSS in which she has not
supported the prosecution case rather she stated that she had love and
affection with the petitioner and after solemnization of marriage, she
is residing with the petitioner in his house and she also has a child
out of their wedlock. The petitioner is a person of clean antecedent
and is in custody since 25.04.2025.
5. On the other hand, the learned APP for the State has
opposed the prayer for bail.
6. Considering the above-mentioned facts and
circumstances, let the petitioner above-named be released on bail on
furnishing bail bonds of Rs.10,000/- with two sureties of the like
amount each to the satisfaction of learned Exclusive Special Court of
POCSO-cum-VII Additional Sessions Judge, Bhagalpur in
connection with Parbatta P.S. Case No. 83 of 2022, subject to the
condition that the petitioner shall cooperate in the disposal of trial
and make himself available as and when required by the court.
(Nawneet Kumar Pandey, J)
priyanka/-
U T
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