Patna High Court
Vicky Kumar @ Surya Narayan KumarversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The Court held that bail could not be granted and rejected the petitioner's bail application.
Summary
The petitioner, Vicky Kumar, was arrested in connection with a case of alleged kidnapping of a minor girl for the purpose of marriage, charged under Sections 137(2) and 140(3) of the BNS, 2023. The victim, aged about 14‑15, had earlier given a statement that she had married the petitioner and lived with him, but the FIR also recorded allegations of sexual relations and added offences under Sections 8 and 12 of the POCSO Act. The petitioner pleaded innocence, claimed a consensual relationship, and sought regular bail, citing a clean antecedent and the victim’s statement. The State opposed bail, emphasizing the seriousness of the offences involving a minor and the statutory provisions of the POCSO Act. After reviewing the FIR, victim’s statement, and the additional charges, the Court declined to grant bail, rejecting the petitioner's prayer.
Issues considered
- Whether bail should be granted to the accused in a kidnapping‑for‑marriage case involving a minor under Sections 137(2) and 140(3) of the BNS, 2023 and Sections 8 and 12 of the POCSO Act.
Legislation cited
- BNS, 2023 — s. 137(2), 140(3)
- Protection of Children from Sexual Offences (POCSO) Act — s. 12, 8
Subjects
- bail
- kidnapping
- minor
- marriage
- POCSO Act
- Section 137(2) BNS
- Section 140(3) BNS
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73618 of 2025
Arising Out of PS. Case No.-377 Year-2025 Thana- HARNAUT District- Nalanda
======================================================
Vicky Kumar @ Surya Narayan Kumar, aged about 21 years, Male, Son of
Manoj Ram, Resident of Village- Poari, Police Station- Harnaut District-
Nalanda.
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXXXX. Resident of Village- Poari, P.S.- Harnaut, District- Nalanda.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anil Kumar Singh, Advocate
For the Opposite Party/s : Mr. Satyendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
ORAL ORDER
3 21-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Harnaut P.S. Case No. 377 of 2025 instituted for the offences
punishable under Sections 137(2) and 140(3) of the BNS, 2023.
3. As per allegation in the FIR, it is a case of
kidnapping of the minor daughter of the informant for the
purpose of marriage.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence and has
falsely been implicated in this case. He submits that there is
love affairs between the petitioner and daughter of the informant
because they are the student of the same school. He further
submits that the date of occurrence is 11.08.2025 and the present
Patna High Court CR. MISC. No.73618 of 2025(3) dt.21-01-2026
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case has been lodged on 16.08.2025, after a delay of five days
but there is no any plausible explanation in this regard. He next
submits that the victim girl has appeared before the trial Court
and gave her statement under Section 183 of the BNSS that she
has not stated anything against the petitioner. She also stated
that she along with the petitioner perform marriage and went to
Delhi and lived there as husband and wife. Petitioner has got
clean antecedent as stated in para 3 of the petition is in custody
since 21.08.2025.
5. Learned APP for the State opposes the prayer for
bail of the petitioner.
6. From perusal of the FIR, case diary, statement of
the victim recorded under Section 183 of the BNSS and also
perused the impugned order dated 12.09.2025 passed by the
learned Additional Sessions Judge-IV-cum-Exclusive Special
Judge (POCSO), Biharsharif, Nalanda it appears that allegation
against this petitioner is specific. From perusal of the records, it
also appears that on the basis of written report of the informant,
FIR has been registered under Sections 137(2) and 140(3) of
the BNS, 2023 against two co-accused persons including the
present petitioner and the allegation is kidnapping of the minor
daughter of the informant for the purpose of marriage. During
Patna High Court CR. MISC. No.73618 of 2025(3) dt.21-01-2026
3/3
investigation the offences under Sections 8 and 12 of the
POCSO Act was also added. It also appears that the victim
recorded her statement before the learned Magistrate that the
petitioner went to the temple and married with her. It is further
stated that the petitioner Vicky Kumar @ Surya Narayan Kumar
making sexual relation with the victim. The age of the victim is
about 14-15 years, so considering the facts and circumstances
of the case and submissions of learned counsel for the petitioner,
I am not inclined to grant bail to the petitioner.
7. Prayer for regular bail of the petitioner is hereby
rejected.
(Ramesh Chand Malviya, J)
Anand Kr.
U T
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