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Patna High Court

Mahadev Kumar @ Maahdev KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                         3/3




                       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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