Patna High Court
Dharmendra Kumar @ MahiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner upon satisfactory bond and sureties.
Summary
The petitioner, Dharmendra Kumar, was arrested in connection with a case alleging kidnapping, abduction of a minor for marriage and criminal intimidation under IPC sections 363, 366A and 506. The prosecution claimed the minor daughter of the informant was kidnapped during a morning walk. The petitioner’s counsel submitted a Section 164 statement of the victim indicating she voluntarily met the petitioner, travelled with him to Jalandhar and was not abducted or forced to marry, asserting his innocence. The State opposed bail on the ground that the victim was a minor and alleged abuse. After hearing both sides, the High Court found the victim’s statement material and ordered the petitioner to be released on bail upon furnishing a bond of Rs.10,000 with two sureties. The order effectively grants bail while the trial continues.
Issues considered
- Whether bail should be granted to an accused charged under IPC sections 363, 366A and 506 in a case involving alleged kidnapping of a minor.
- Whether the victim’s Section 164 statement negates the prima facie case of abduction and thus warrants bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 164
- Indian Penal Code — s. 363, 366A, 506
Subjects
- bail
- kidnapping
- abduction of minor
- IPC 363
- IPC 366A
- IPC 506
- CrPC Section 164
- criminal intimidation
- minor victim
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73203 of 2025
Arising Out of PS. Case No.-330 Year-2022 Thana- BARAUNI District- Begusarai
======================================================
Dharmendra Kumar @ Mahi S/O Chaman Lal Resident of Village- Gadaipur,
Industrial Town, P.S- Chouki No.- 08, Distt.- Jalandhar (Punjab).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shaishav Kumar, Adv.
Mr. Sumit Kumar Singh, Adv.
For the Informant : Mr. Sandip Kumar Gautam, Adv.
For the Opposite Party/s : Mr. Nand Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 13-01-2026 Heard Mr. Shaishav Kumar, learned counsel for the
petitioner; Mr. Sandip Kumar Gautam, learned counsel for the
informant and Mr. Nand Kishore Prasad, learned APP for the
State.
2. The petitioner has prayed for bail in connection
with Barauni P.S. Case No. 330 of 2022 registered for the
offence punishable under Sections 363, 366A and 506 of the
Indian Penal Code.
3. The case of the prosecution in short is that the
minor daughter of the informant had gone for a morning walk at
04:30 AM, and from there, she was kidnapped.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
Patna High Court CR. MISC. No.73203 of 2025(3) dt.13-01-2026
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committed no offence. He has been falsely implicated in this
case. Learned counsel for the petitioner submits that during the
course of investigation, the victim has given her statement
recorded under Section 164 of the Cr.P.C., wherein she has
stated that the petitioner has called her at 03:00 AM on the same
day, and on his call, she went for a walk. The petitioner has
come to meet the victim all the way from Jalandhar, and after
that, he took the victim to Jalandhar. She has further stated that
she went to many places with the petitioner while she was in
Jalandhar. She called her father, and afterward she recovered.
Learned counsel for the petitioner also submits that from the
perusal of the statement of the victim, it is clear that she was
neither kidnapped nor abducted and the purpose was not for
marriage. The petitioner is the brother-in-law in relation to the
victim, and the victim has not alleged any kind of sexual assault
or that she was compelled to marry anybody. It has also been
submitted that these allegations do not attract, as she was never
forced or seduced into illicit intercourse with another person nor
with the petitioner. He further submits that the petitioner is
languishing in judicial custody since 27.07.2025.
5. The application for bail is vehemently opposed by
the learned counsel for the informant and learned APP for the
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State and submits that the victim is a minor and she has stated
that she was abused.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned Chief
Judicial Magistrate, Begusarai in connection with Barauni P.S.
Case No. 330 of 2022.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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