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Patna High Court

Akash Kumar @ Akash Kumar ManjhiversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that, given the petitioner's lack of criminal antecedent and the possibility that the alleged kidnapping was a consensual elopement, bail could be granted under Section 438(2) CrPC subject to conditions.

Summary

The petitioner, Akash Kumar, was implicated in a kidnapping case (IPC §§363, 366A read with 34) involving the alleged abduction of a minor for marriage. He claimed innocence, asserting that the victim had eloped with him and that he had no prior criminal record. The court examined the allegations and the petitioner's claim of false implication. Considering the lack of antecedents and the possibility of consensual elopement, the court allowed the bail application. Bail was granted on a bond of Rs.10,000 with two sureties, subject to the conditions of Section 438(2) of the CrPC and Section 482 of the B.N.S.S.

Issues considered

  • Whether bail should be granted to the accused in a kidnapping case under Section 438(2) of the CrPC
  • Whether the allegations of kidnapping for marriage constitute a ground to deny bail
  • Whether the petitioner’s claim of false implication and lack of criminal antecedent warrant bail

Legislation cited

Subjects

  • bail
  • kidnapping
  • minor
  • marriage
  • false implication
  • Section 438
  • Section 482
  • Indian Penal Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.63819 of 2025
                      Arising Out of PS. Case No.-1085 Year-2023 Thana- SHERGHATI District- Gaya
                 ======================================================
                 Akash Kumar @ Akash Kumar Manjhi Son of Mahavir Prasad Manjhi R/o
                 Village - Champi, P.O. - Sherghati, Dist. - Gaya.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Binay Kumar, Advocate
                 For the Opposite Party/s :       Mr. Abhay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

5   21-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Sherghati P.S. Case No. 1085 of 2023 dated 15.01.2023

                   registered for the offences under Sections 363, 366A read with

                   Section 34 of the Indian Penal Code, 1860.

                                3. As per the prosecution case, the petitioner and the

                   co-accused persons are alleged to have kidnapped the minor

                   daughter of the informant for the purpose of marriage.

                                4. It has been submitted by the learned counsel for the

                   petitioner that the petitioner is innocent and he has falsely been

                   implicated in this case. Learned counsel has submitted that from

                   the statement of the victim girl it appears she has eloped with

                   the petitioner.
             Patna High Court CR. MISC. No.63819 of 2025(5) dt.21-01-2026
                                                         2/2




                                    5. He further submits that the petitioner has no

                       criminal antecedent.

                                    6. Considering the aforesaid facts, this application is

                       allowed.

                                    7. Let the petitioner, above named, in the event of

                       his/her arrest or surrender before the concerned Court below

                       within four weeks from today, 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 Additional

                       Chief Judicial Magistrate-1st, Sherghati, Gaya in connection

                       with Sherghati P.S. Case No. 1085 of 2023 subject to the

                       conditions laid down in Section 438(2) of the Code of Criminal

                       Procedure, 1973 / Section 482 of the B.N.S.S.



                                                      (Sandeep Kumar, J)
atul/-

U        T


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