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Patna High Court

Kameshwar TiwariversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court held that bail could not be granted as the petitioner was a named participant and the victim had not been recovered while a co‑accused remained at large.

Summary

Kameshwar Tiwari was arrested in connection with a case under sections 366A and 34 of the Indian Penal Code alleging kidnapping of a minor girl for marriage. He contended that he was falsely implicated and had no involvement in the alleged affair between co‑accused Kishore Tiwari and the victim. The petitioner had been in custody since 22‑04‑2025 and a charge‑sheet had been filed. The State opposed his regular bail application. The court, after considering the FIR, investigation material, the fact that the petitioner was named as a participant, the victim remained unrecovered and a co‑accused was at large, declined to grant bail. Consequently, the bail application was rejected.

Issues considered

  • Whether the petitioner is entitled to regular bail in a kidnapping‑for‑marriage case under sections 366A and 34 IPC given the circumstances of the investigation.

Legislation cited

Subjects

  • kidnapping for marriage
  • regular bail
  • IPC 366A
  • IPC 34
  • false implication
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.73352 of 2025
                  Arising Out of PS. Case No.-86 Year-2024 Thana- PHENHARA District- East Champaran
                 ======================================================
                 Kameshwar Tiwari S/O Ranjan Tiwari @ Rajinand Tiwari Resident of
                 Village- Pipra Karimdad, P.S.- Fenhara, District- East Champaran

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Dhurendra Kumar, Advocate
                                                 Mr. Sumit Kumar, Advocate
                 For the Opposite Party/s :      Mr. Abhay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

4   21-01-2026                   1. Heard learned counsel for the parties.

                                 2. The petitioner has preferred this application for

                   grant of regular bail in connection with Phenhara P.S. Case

                   no.86 of 2024 registered under sections 366A and 34 of the

                   Indian Penal Code.

                                 3. As per the prosecution case, nine named accused

                   persons including the petitioner herein and 4-5 unknown

                   persons are said to have kidnapped the minor daughter of the

                   informant for the purpose of marriage.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner has been falsely implicated in the case. There was

                   love affair between the co-accused Kishore Tiwari and the

                   daughter of the informant. The petitioner has no concern with

                   their affair or with the alleged occurrence. He was working in
            Patna High Court CR. MISC. No.73352 of 2025(4) dt.21-01-2026
                                                        2/2




                      Haryana from where he was taken into custody. The petitioner is

                      in custody since 22.4.2025 and charge-sheet has been submitted

                      in the case.

                                   5. The application for bail is opposed by learned

                      A.P.P. for the State.

                                   6. Having heard learned counsel for the parties and

                      taking into consideration the allegation in the F.I.R., the material

                      that has transpired in course of investigation, the petitioner

                      having been named as participant in the kidnapping of the minor

                      daughter of the informant, the victim not having been recovered

                      as yet and co-accused Kishore Tiwari being at large, in the facts

                      and circumstances of the case, the Court is not inclined to

                      enlarge the petitioner on bail and the application is rejected.


                                                       (Partha Sarthy, J)
avinash/-

U      T


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