Patna High Court
Vikash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court granted regular bail to the petitioner.
Summary
Vikash Kumar was arrested in connection with a case where a 17‑year‑old girl, the daughter of the informant, was alleged to have been taken away for marriage. The girl later turned 18 and, under section 183 of the Bharatiya Nyaya Sanhita, 2023, gave a statement that she went with the petitioner of her own free will and did not support the prosecution. The petitioner, who has no prior criminal record, had been in custody for ten months when he filed an application for regular bail under section 96 of the same Act. The State opposed the bail. Considering the victim’s voluntary statement, the length of custody, and the filing of the charge‑sheet, the Court ordered that bail be granted on a bond of Rs.10,000 with two sureties, subject to the satisfaction of the Judicial Magistrate. The order was pronounced by Justice Partha Sarthy.
Issues considered
- Whether regular bail should be granted to the accused under section 96 of the Bharatiya Nyaya Sanhita, 2023, in view of the allegations of kidnapping/forced marriage and the victim’s statement under section 183.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 183, 96
Subjects
- regular bail
- section 96 B.N.S.S.
- section 183 B.N.S.S.
- forced marriage
- kidnapping
- victim statement
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75472 of 2025
Arising Out of PS. Case No.-168 Year-2024 Thana- MEHANDIGANJ District- Patna
======================================================
Vikash Kumar S/O Golden Sah @ Golden Saw R/O Mohalla- Hazari
Mohalla, Purbi Kasba, P.S.- Mehandiganj, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raj Krishna Jha, Advocate
For the Opposite Party/s : Mr. Pradeep Narain Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 21-01-2026 Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Mehandiganj P.S. Case
no. 168 of 2024 registered under section 96 of the Bharatiya
Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant states
that his 17 year old daughter disappeared from his house and
was not to be found. It later transpired that the petitioner had
taken her away for the purpose of marriage. The two ladies i.e.
the mother and sister of the petitioner were also involved in the
occurrence.
4. Learned counsel for the petitioner submits that the
informant’s daughter who is a major went with the petitioner out of
her own free will. She returned and her statement was recorded
Patna High Court CR. MISC. No.75472 of 2025(3) dt.21-01-2026
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under section 183 B.N.S.S. wherein the Court has assessed her age to
be 18 years and she has categorically stated therein that she went
with the petitioner out of her own free will. She has not supported the
prosecution case. The petitioner is in custody since 19.3.2025 and
has no criminal antecedent.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations in the FIR, the
statement of the daughter of the informant recorded under
section 183 B.N.S.S., the petitioner having remained in custody
for ten months since 19.3.2025 and chargesheet having been
submitted in the case, the Court directs the petitioner to be enlarged
on bail in connection with Mehandiganj P.S. Case no. 168 of 2024 on
furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
Judicial Magistrate 1st Class, Patna City, Patna.
(Partha Sarthy, J)
sauravkrsinha/-
U T
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