Patna High Court
Mahadev Kumar @ Maahdev KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court inclined to grant bail to the petitioner.
Summary
Mahadev Kumar was arrested in connection with a case alleging that he enticed a minor girl, the informant’s daughter, and is charged under Sections 137(2), 140(3), 87 and 96 of the Bharatiya Nyaya Sanhita, 2023. The petitioner contended that the allegations are vague, that the victim voluntarily left her home, married the petitioner, and that the medical report showed no injuries. The victim’s statement under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023 corroborated her voluntary departure. The petitioner has been in custody since 23 June 2025 and has no prior criminal record. The State opposed bail, but the Court, considering the lack of concrete evidence and the petitioner’s clean record, granted bail subject to monetary surety and appearance conditions.
Issues considered
- Whether bail should be granted in a case involving alleged enticement of a minor under the specified sections of the Bharatiya Nyaya Sanhita
- Whether the victim’s voluntary statement under Section 183 of the Bharatiya Nagarik Suraksha Sanhita weakens the prosecution’s case
- Whether the petitioner’s lack of prior criminal antecedents warrants bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 183
- Bharatiya Nyaya Sanhita, 2023 — s. 137(2), 140(3), 87, 96
Subjects
- bail
- criminal procedure
- minor
- enticing
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- victim statement
- no injury
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73343 of 2025
Arising Out of PS. Case No.-494 Year-2025 Thana- JAHANABAD District- Jehanabad
======================================================
Mahadev Kumar @ Maahdev Kumar S/O Bhim Mistiri R/O Village- Tali
Mathiya, Police Station- (Jehanabada) Kalpa, District- Jehandabad
... ... Petitioner/s
Versus
1. The State of Bihar
2. X S/O Y R/O Vill.- Tali Mathiya, P.S.- Jehanabad (Kalpa), Dist.- Jahanabad.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar, Advocate
For the Opposite Party/s : Mr. Vinod Shanker Modi, APP
For the Informant : Mr. Sanjeev Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
6 13-03-2026 Heard learned counsel for the petitioner, learned
APP for the State, learned counsel for the informant and perused
the case diary.
2. The petitioner seeks bail in connection with
Jehanabad P.S. Case No. 494 of 2025, instituted for the offences
punishable under Sections 137(2), 140(3), 87 and 96 of the
Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that the petitioner
enticed away informant’s minor daughter.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.73343 of 2025(6) dt.13-03-2026
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present case. Charge-sheet has been submitted in this case.
Learned counsel for the petitioner also submits that the
allegation levelled against the petitioner is general and omnibus
in nature. It is next submitted that the victim has not supported
the prosecution case in her statement recorded under Section
183 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and has
stated that she left her house on her own will, went to a Hindu
Temple at Faridabad and solemnized marriage with the
petitioner. It is further submitted that as per medical report of
the victim, no any internal or external injury was found. The
petitioner is in custody since 23.06.2025 and has got no criminal
antecedent.
5. Learned APP for the State and learned counsel for
the informant have vehemently opposed the prayer for grant of
bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and taking into account the period of custody
undergone by the petitioner, this Court is inclined to grant bail
to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
Patna High Court CR. MISC. No.73343 of 2025(6) dt.13-03-2026
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below/concerned Court in connection with Jehanabad P.S. Case
No. 494 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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