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Patna High Court

Abhishek KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner with conditions, finding no sufficient ground to deny bail.

Summary

The petitioner, Abhishek Kumar, was arrested on 14‑08‑2025 in connection with a kidnapping case alleged under Sections 137(2), 140(3), 96 and 352 of the B.N.S., where he was accused of abducting a minor for marriage. The petitioner claimed he had a clean antecedent, that the FIR was lodged 22 days after the alleged incident, and that the victim‑girl had voluntarily married him and denied any wrongdoing in a statement recorded under Section 183 of the BNSS. The prosecution opposed bail, arguing the seriousness of the offences. The Court considered the delay in filing the FIR, the victim’s non‑support of the prosecution, and the petitioner’s clean record, and consequently granted bail on a bond of Rs. 10,000 with two sureties and several conditions. The order also directed verification of the petitioner’s criminal antecedent and stipulated cancellation of bail for non‑compliance or tampering with evidence.

Issues considered

  • Whether the petitioner is entitled to bail despite charges of kidnapping and assault under the B.N.S.
  • Whether the 22‑day delay in filing the FIR warrants bail
  • Whether the victim’s statement under Section 183 BNSS affects the bail decision
  • Whether the nature of the offences precludes the grant of bail

Legislation cited

  • B.N.S. — s. 137(2), 140(3), 352, 96
  • BNSS — s. 183

Subjects

  • bail
  • kidnapping
  • forced marriage
  • criminal procedure
  • Section 183
  • delay in FIR
  • clean antecedent
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.5441 of 2026
                   Arising Out of PS. Case No.-212 Year-2025 Thana- ALAMNAGAR District- Madhepura
                 ======================================================
                 Abhishek Kumar S/O Mahanth Sah R/O Village- Puraini Bazar, P.S- Puraini,
                 Distt.- Madhepura.
                                                                      ... ... Petitioner/s
                                               Versus
           1.     The State of Bihar
           2.     X S/O Y R/O Village- Keshopur, Ward No. 5, P.S- Alamnagar, Distt.-
                  Madhepura.
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Uday Chand Prasad, Advocate
                                                 Mrs. Pooja Prasad, Advocate
                 For the Opposite Party/s :      Mr. Anuj Kumar Shrivastava, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   29-01-2026                   Heard Mr. Uday Chand Prasad, learned counsel for

                   the petitioner and Mr. Anuj Kumar Shrivastava, learned

                   Additional Public Prosecutor for the State.

                                 2. The petitioner seeks bail, who is in custody since

                   14.08.2025 in connection with Alamnagar P.S. Case No. 212 of

                   2025, F.I.R. dated 01.07.2025 for the offences punishable under

                   Sections 137(2), 140(3), 96, 352 of the B.N.S.

                                 3. According to prosecution case, petitioner and other

                   co-accused person are alleged to have kidnapped the minor

                   daughter of the informant for the purpose of marriage.

                                 4. Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and he has falsely been

                   implicated in the present case. He further submits that the

                   allegation as alleged in the FIR is false and fabricated and the
Patna High Court CR. MISC. No.5441 of 2026(2) dt.29-01-2026
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          petitioner has not committed any offence as alleged in the F.I.R.

          In fact the petitioner was in love with the victim girl and the

          petitioner and victim girl have performed the marriage. Apart

          from the aforesaid, date of occurrence is 09.06.2025 but the

          present FIR was instituted on 01.07.2025 i.e. after delay of 22

          days. The victim girl was recovered and her statement was

          recorded u/s 183 of BNSS in which she has not supported the

          case of prosecution and she has stated that she has performed

          the marriage with the petitioner and she is living in the house of

          the petitioner. Apart from aforesaid, the victim girl has denied

          for her medical examination. He further submits that the police

          after investigation, submitted chargesheet against the petitioner

          and the petitioner is in custody since 14.08.2025.

                       5. Learned APP for the State has vehemently opposed

          the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances

          and also the fact that the petitioner has clean antecedent, victim

          has not supported the case of the prosecution and FIR was

          instituted after delay of 22 days, let the petitioner, above named,

          be released on bail on furnishing bail bond of Rs. 10,000/- (Ten

          Thousand) with two sureties of the like amount each to the

          satisfaction of the learned J.M., 1st Class, Udakishunganj,
            Patna High Court CR. MISC. No.5441 of 2026(2) dt.29-01-2026
                                                        3/3




                      Madhepura in connection with Alamnagar P.S. Case No. 212 of

                      2025, with the following conditions:

                                   i. Petitioner shall co-operate in the trial and shall be

                      properly represented on each and every date fixed by the court

                      and shall remain physically present as directed by the court and

                      on her absence on two consecutive dates without sufficient

                      reason, his/her bail bond shall be cancelled by the Court below.

                                   ii. 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.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioner and in case at

                      any stage it is found that the petitioner has concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.


                                                     (Rajesh Kumar Verma, J)

Ranjeet/-

U      T


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