Patna High Court
Sonu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Anticipatory bail was granted to the petitioner on the condition of a bail bond and sureties.
Summary
The petitioner, Sonu Kumar, was implicated in a kidnapping case under Sections 363 and 366 of the IPC based on an FIR alleging he abducted the informant's daughter. He contended that the alleged victim was an adult who voluntarily left her home, entered into a consensual relationship, and later married him, with two children born out of wedlock. The victim’s statement recorded under Section 164 of the CrPC indicated no objection to the marriage and denied any kidnapping. The State opposed anticipatory bail, relying on the FIR allegations. The Court, considering the consensual nature of the relationship, the marriage, the victim’s statement, and the lack of adverse allegations, granted anticipatory bail subject to a bond and sureties, invoking Sections 438(2) of the CrPC and 482(2) of the BNSS, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in a case alleging kidnapping under Sections 363 and 366 IPC.
- Whether the victim's statement under Section 164 CrPC and the consensual adult relationship negate the criminal liability.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 164, 438(2)
- Indian Penal Code — s. 363, 366
Subjects
- kidnapping
- anticipatory bail
- consensual relationship
- marriage
- IPC
- CrPC
- BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67870 of 2025
Arising Out of PS. Case No.-313 Year-2021 Thana- LALGANJ District- Vaishali
======================================================
Sonu Kumar Son of Late Anil Ray Resident of village - Yusufpur, P.S.-
Lalganj, District - Vaishali.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aashish Kumar, Advocate
: Mr. Rajeev Ranjan, Advocate
: Mrs. Bela Singh, Advocate
: Mr. Anish Kumar Thakur, Advocate
For the Opposite Party/s : Mr. Binod Kumar, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 17-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 363 and
366 of the Indian Penal Code.
3. The allegation in the First Information Report is
with regard to kidnapping the daughter of the informant by
accused persons including the present petitioner.
4. Learned counsel for the petitioner submits that the
present case relates to consensual relationship between two
adults as the victim herself is a major and had left her house out
of free will and, subsequently, even solemnized marriage with
Patna High Court CR. MISC. No.67870 of 2025(3) dt.17-01-2026
2/3
the petitioner and two children had been born out of the
wedlock. It has further been submitted that the F.I.R. was lodged
after delay of four days and the statement of the victim recorded
under Section 164 of Cr.P.C., which forms a part of the case
diary, also indicates that she was already known to the petitioner
and was desirous of getting married and they subsequently
married in Rajasthan and denied any allegation of kidnapping.
5. Learned APP for the State opposed the prayer for
anticipatory bail on the basis of allegations made in the First
Information Report.
6. Taking into consideration the facts and
circumstances and considering the fact that the present case
involves a consensual relationship between adults, who have
subsequently contracted marriage and leading peaceful married
life and the statement of the victim recorded under Section 164
of Cr.P.C., also not indicating any adverse allegation against the
petitioner, let the above named petitioner, be released on bail, in
the event of his arrest or surrender before the learned Court
below within a period of four weeks from today, on furnishing
bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
Court below where the case is pending/successor Court in
Patna High Court CR. MISC. No.67870 of 2025(3) dt.17-01-2026
3/3
connection with Lalganj P.S. Case No. 313 of 2021, subject to
the condition as laid down under Section 438 (2) of the Cr.P.C/
Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita
(BNSS), 2023.
(Soni Shrivastava, J)
anand/-
U T
Checking your session…