Patna High Court
Piyush Kumar @ Piyush Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was granted to the petitioner subject to a bond of Rs. 10,000 and two sureties, with conditions under Section 482 of the B.N.S.S.
Summary
Piyush Kumar was arrested in a case registered under Section 366-A of the Indian Penal Code for allegedly luring and taking away the daughter of an informant. The FIR alleged that the victim was taken away on a motorcycle, but the victim’s statement recorded under Section 183 of the Bihar Negotiable... (B.N.S.S.) indicated that she left her house voluntarily, married the petitioner, and bore a child. The petitioner’s counsel argued that the victim’s statement did not support the prosecution’s case and sought bail. The court examined the victim’s statement and found no prima facie evidence to justify continued detention. Accordingly, the court ordered that the petitioner be released on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to conditions under Section 482 of the B.N.S.S.
Issues considered
- Whether bail can be granted in a Section 366-A case when the alleged victim’s statement shows a voluntary marriage and lack of prosecution evidence
- Whether the victim’s statement under Section 183 B.N.S.S. negates the existence of a prima facie case against the petitioner
Legislation cited
- Indian Penal Code — s. 366-A
Subjects
- bail
- Section 366-A
- kidnapping
- voluntary marriage
- victim statement
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7343 of 2026
Arising Out of PS. Case No.-149 Year-2024 Thana- HULASGANJ District- Jehanabad
======================================================
Piyush Kumar @ Piyush Kumar Singh S/O Jitendra Kumar Resident of
Village- Shive Bihar Colony, P.S.- Rupaspur, Danapur, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dineshwar Tiwary
For the Opposite Party/s : Mr.Pushpa Sinha
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 19-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence under Section 366-A of the Indian
Penal Code.
3. As per F.I.R., on 06.06.2024 at 4 PM, daughter of
informant went outside, but did not return till 7 PM and on
inquiry, informant came to know that this petitioner has lured
his daughter and taken her away on a motorcycle.
4. Learned counsel for the petitioner submits that the
victim, in her statement recorded under Section 183 of B.N.S.S.,
has neither supported the prosecution case nor made any
allegation against this petitioner, rather she stated that she left
her house out of her own volition, solemnized marriage with
petitioner in Patna and also gave birth of a female child.
Patna High Court CR. MISC. No.7343 of 2026(2) dt.19-02-2026
2/2
5. Considering the statement of the victim recorded
under Section 183 B.N.S.S., in the event of arrest/surrender
before the Trial Court within a period of eight weeks from
today, let the above named petitioner be enlarged on bail on
furnishing bail-bond of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
A.C.J.M., Jehanabad / concerned Court in connection with
Hulasganj P.S. Case No. 149 of 2024, subject to condition as
laid down under Section 482 of B.N.S.S., 2023.
(Prabhat Kumar Singh, J)
anay
U T
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