Patna High Court
Mohan Chaudhary @ Subhash Chaudhary @ Subhash KumarversusThe State Of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner.
Summary
Mohan Chaudhary was charged under IPC sections 363 and 366(A) for allegedly kidnapping the minor daughter of an informant with the intent of marriage. The victim was later recovered and gave a statement under Section 164 of the Cr.P.C., indicating she had voluntarily met the petitioner, was taken to Patna, kept for sixteen days, and was only teased and touched above the clothes, with no allegation of sexual assault. The petitioner claimed innocence, no prior criminal record, and had been in judicial custody since 28‑07‑2025. The State opposed bail, but the court, after considering the victim’s statement and the circumstances, ordered the petitioner to be released on bail upon furnishing a bond of Rs.10,000 with two sureties. The order was pronounced by Justice Ashok Kumar Pandey.
Issues considered
- Whether bail should be granted to the accused in a kidnapping and kidnapping for marriage case under Sections 363 and 366(A) of the IPC.
- Whether the victim’s statement under Section 164 Cr.P.C. and the absence of sexual assault allegations justify bail.
- Whether the accused poses a flight risk or a danger of tampering with evidence.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 164
- Indian Penal Code — s. 363, 366(A)
Subjects
- bail
- kidnapping
- kidnapping for marriage
- IPC
- CrPC
- victim statement
- surety
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75287 of 2025
Arising Out of PS. Case No.-367 Year-2023 Thana- AMAS District- Gaya
======================================================
Mohan Chaudhary @ Subhash Chaudhary @ Subhash Kumar S/O late Fantu
Yadav Resident Of Village- Mahadev Bigha, Pura, P.s.- Tekari, Dist- Gaya
... ... Petitioner/s
Versus
1. The State of Bihar
2. Nagendra Chaudhary S/o Kameshwar Chaudhary R/o Vill. Jhari, P.S.- Amas,
Dist.- Gaya.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Kishun Prasad, Advocate
For the Opposite Party/s : Mr. Pranav Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 13-01-2026 Heard Mr. Ram Kishun Prasad, learned counsel for
the petitioner and Mr. Pranav Kumar, learned APP for the State.
2. The petitioner has prayed for bail in connection
with Amas P.S. Case No. 367 of 2023 registered for the offence
punishable under Sections 363 and 366(A) of the Indian Penal
Code.
3. The case of the prosecution in short is that the
minor daughter of the informant was kidnapped by the
petitioner for the purpose of marriage.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
Patna High Court CR. MISC. No.75287 of 2025(3) dt.13-01-2026
2/3
case. Learned counsel for the petitioner submits that during the
course of investigation, the victim was recovered, and she has
given her statement recorded under Section 164 of the Cr.P.C.,
wherein she has stated that she has gone to Aurangabad fair, and
from there, she went to her grandmother’s home, which is in
Daudnagar. When she was returning from Daudnagar, Mohan
Chaudhary (the petitioner) met her in a bus and told her to board
his vehicle and took her to Patna. She was kept in a room for
sixteen days where the petitioner was living alone. The victim
has further stated that the petitioner has teased her but has not
established a physical relationship with her, and she has clarified
the teasing and has stated that he has touched her above the
clothes. He also submits that in medical examination, the age of
the victim was found to be 19 years, and the victim herself has
stated that the petitioner was her boyfriend. Specifically, there is
no allegation of any sexual assault. He further submits that a
statement has been made in para 3 of the petition that petitioner
has no criminal antecedent and he is languishing in judicial
custody since 28.07.2025.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
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3/3
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned Judicial
Magistrate, 1st Class, Gaya Ji in connection with Regular Bail
Application Special Act No. 2925 of 2025 arising out of Amas
P.S. Case No. 367 of 2023.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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