Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court granted regular bail to the petitioner, subject to a bail bond and sureties.
Summary
Rahul Kumar was arrested in connection with an alleged kidnapping of the 17‑year‑old daughter of an informant for the purpose of marriage, under sections 87 and 352 of the Bharatiya Nyaya Sanhita, 2023. The petitioner claimed he was falsely implicated, asserting that the victim, now an adult, had given a statement under section 183 of the B.N.S.S. that she voluntarily married him and they have a child. The State and the informant opposed bail, arguing that the alleged kidnapping of a minor is a serious offence and that a minor’s consent is legally invalid. The Court considered the FIR allegations, the victim’s later statement, the petitioner’s seven‑month custody, and the fact that a chargesheet had been filed. It ordered that the petitioner be released on regular bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount, subject to the satisfaction of the Additional Chief Judicial Magistrate‑IV, Gaya.
Issues considered
- Whether regular bail should be granted to the accused in a kidnapping‑for‑marriage case involving a minor under the Bharatiya Nyaya Sanhita.
- Whether the later statement of the victim, now an adult, negates the seriousness of the alleged offence and justifies bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 183, 352, 87
Subjects
- regular bail
- kidnapping
- minor
- consent of minor
- Bharatiya Nyaya Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75396 of 2025
Arising Out of PS. Case No.-230 Year-2025 Thana- ATRI District- Gaya
======================================================
Rahul Kumar S/O Brijnandan Prasad Resident of village- Malti, P.S.- Atri,
District- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Shankar, Advocate
For the State : Mr. Abhay Kumar Roy, APP
For the Informant : Mr. Nilanjan Chatterjee, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 21-01-2026 Heard learned counsel for the petitioner, learned APP
for the State and learned counsel for the informant.
2. The petitioner has preferred this application for
grant of regular bail in connection with Atri P.S. Case no. 230 of
2025 registered under section 87 and 352 of the Bharatiya
Nyaya Sanhita, 2023.
3. As per the prosecution case, the 17 year old minor
daughter of the informant was kidnapped by the petitioner for
the purpose of marriage. Hence the instant case.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case. The daughter of the
informant who was a major returned and her statement was recorded
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under section 183 B.N.S.S. wherein she has not supported the
prosecution case. She has categorically stated therein that she called
the petitioner with whom she was in love, they married and also have
an issue out of the said wedlock. The petitioner is in custody since
20.6.2025 and has no criminal antecedent. Chargesheet has been
submitted in the case.
5. The application for bail is opposed by learned APP
for the State and learned counsel for the informant. Learned
counsel for the informant submits that the petitioner is named in
the FIR and there is direct allegation against him of having
kidnapped the minor daughter of the informant. The victim has
been described to be a minor on the basis of the age in the
government documents which has came in paragraph no. 47 of
the case diary. The consent of a minor has no legal value.
6. Having heard learned counsel for the parties and
taking into consideration the allegations in the FIR, the
statement of the victim recorded under section 183 B.N.S.S., the
petitioner having remained in custody for seven months since
20.6.2025 and chargesheet having been submitted in the case, the
Court directs the petitioner to be enlarged on bail in connection with
Atri P.S. Case no. 230 of 2025 on furnishing bail bond of Rs.10,000/-
(Rupees Ten Thousand) with two sureties of the like amount each to
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the satisfaction of the learned Additional Chief Judicial
Magistrate-IV, Gaya.
(Partha Sarthy, J)
sauravkrsinha/-
U T
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