Patna High Court
Kameshwar TiwariversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PARTHA SARTHY
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
- Indian Penal Code — s. 34, 366A
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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