Patna High Court
Sanoj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court granted bail to the petitioner, subject to bond and surety conditions.
Summary
The petitioner, Sanoj Kumar, was arrested in connection with a kidnapping alleged to have occurred while the informant's minor daughter was taken away, an offence punishable under Section 96 of the Indian Penal Code. The petitioner contended that the victim had subsequently married him, a claim supported by a statement recorded under Section 164 of the Criminal Procedure Code, and sought bail. The State opposed the bail application. The court examined the facts, the marriage claim, and the nature of the offence, and decided to grant bail on the condition of a Rs.10,000 bond with two sureties and the petitioner’s cooperation with the trial. The order directed the petitioner to appear before the Judicial Magistrate as required. The bail was granted, and the petitioner was released on the stipulated conditions.
Issues considered
- What is the appropriateness of granting bail to the accused in a kidnapping case under Section 96 IPC, considering the claim of marriage to the victim?
- Whether the statement recorded under Section 164 CrPC establishes a sufficient ground for bail?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 164
- Indian Penal Code — s. 96
Subjects
- bail
- kidnapping
- Section 96 IPC
- Section 164 CrPC
- marriage claim
- high court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61757 of 2025
Arising Out of PS. Case No.-90 Year-2025 Thana- Geedha District- Bhojpur
======================================================
Sanoj Kumar Son of Suresh Bin Resident of Village - Bind Toli Gidha, P.S.-
Gidha, District - Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Raju Kumar Singh, Adv.
For the Opposite Party/s : Mr.Parmanand Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
4 13-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Section-96 of the Indian Penal Code.
3. Allegedly, in course of going outside to ease out,
the informant’s minor daughter was kidnapped by the accused
persons including the petitioner. .
4. It has been submitted on behalf of the petitioner
that the victim has solemnized the marriage with the petitioner
which transpires from her statement recorded under Section 164
of the Cr.P.C.. She was in love and affection with the petitioner.
The petitioner is in custody since 25-06-2025.
5. Learned APP has opposed the prayer for bail.
Patna High Court CR. MISC. No.61757 of 2025(4) dt.13-01-2026
2/2
6. Considering the aforesaid facts and circumstances,
let the petitioner named above, 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 learned Judicial
Magistrate-Ist Class, Bhojpur, Ara in connection with Gidha P.S.
Case No. 90 of 2025 with condition that the petitioner shall
cooperate with the trial of the case and make himself available
as and when required by the court.
(Nawneet Kumar Pandey, J)
A.K.V.//-
U T
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