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Patna High Court

Rahul KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.75396 of 2025(3) dt.21-01-2026
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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
           Patna High Court CR. MISC. No.75396 of 2025(3) dt.21-01-2026
                                                       3/3




                     the satisfaction of the learned Additional Chief Judicial

                     Magistrate-IV, Gaya.



                                                 (Partha Sarthy, J)
sauravkrsinha/-

U      T


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