Patna High Court
Abhishek KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
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
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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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