Patna High Court
Aabhash Sardar @ Aabhash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
Bail was granted to the petitioner subject to a bond and conditions prescribed under Section 480(3) of the Bharatiya Nyaya Sanhita, 2023.
Summary
The petitioner, Aabhash Sardar, was arrested in connection with an alleged kidnapping of a 15‑year‑old girl for the purpose of marriage, charged under Sections 137(2), 96, 126(2) and 352 r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023. The petitioner contended that the relationship was a consensual love affair between two adolescents and that no kidnapping occurred, citing the victim’s statement recorded under Section 183. The State argued that the victim’s minority rendered any consent immaterial. The Court considered the petitioner’s clean antecedent, the fact that a charge‑sheet had been filed, and the length of his custody, and decided to grant bail. Bail was conditioned on a bond of Rs. 10,000 with two sureties, compliance with Section 480(3) of the BNSS, and additional personal surety and attendance requirements. The order released the petitioner on bail subject to these conditions.
Issues considered
- Whether bail can be granted in a case involving alleged kidnapping and other offences against a minor under the Bharatiya Nyaya Sanhita, 2023.
- Whether the consent of a minor is legally relevant to the alleged offences.
- Whether the provisions of Section 480(3) of the BNSS justify the imposition of specific bail conditions.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 126(2), 137(2), 352 r/w 3(5), 480(3), 96
Subjects
- bail
- kidnapping
- minor
- consent
- criminal procedure
- Bharatiya Nyaya Sanhita
- Section 480
- POCSO
- love affair
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75818 of 2025
Arising Out of PS. Case No.-398 Year-2025 Thana- TRIVENIGANJ District- Supaul
======================================================
Aabhash Sardar @ Aabhash Kumar S/o Pawan Sardar R/o village- Bajitpur @
Vajitpur, PS- Triveniganj, Distt- Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Goutam, Advocate
For the Opposite Party/s : Mr. Satyendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 21-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Triveniganj P.S. Case No. 398 of 2025
registered for the alleged offences under Sections 137(2), 96,
126(2), 352 r/w 3(5) of Bharatiya Nyaya Sanhita, 2023.
03. As per prosecution case, the minor daughter of the
informant was taken away by the petitioner with intention of
marrying her.
04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. It is a case of love affair between two adolescents as both
of them were studying together and fell in love. The statement
of the victim girl was recorded under Section 183 BNSS and she
Patna High Court CR. MISC. No.75818 of 2025(3) dt.21-01-2026
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stated that she has been in love with the petitioner for 2-3 years
and solemnized marriage with him out of her sweet will and no
one has kidnapped her. On coming to know about lodging of
FIR, they voluntarily appeared before the police. There is no
allegation against the petitioner for any violence against the
victim or any misbehaviour. Learned counsel further submits
that the petitioner is a boy aged about 21 years and he is having
clean antecedent. The petitioner is in custody since 31.07.2025
and charge-sheet has been submitted.
05. Learned APP for the State vehemently opposes the
submission made on behalf of the petitioner. Learned APP
submits that the victim girl is a minor aged about 15 years and
the consent of minor is immaterial.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
period of custody of the petitioner and his clean antecedent
along with submission of charge-sheet, the petitioner above
named is directed to be released on bail on furnishing bail bonds
of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Additional Sessions
Judge-cum-Special Judge, POCSO Act, Supaul/court concerned
in connection with Triveniganj P.S. Case No. 398 of 2025,
Patna High Court CR. MISC. No.75818 of 2025(3) dt.21-01-2026
3/3
subject to the conditions mentioned in Section 480(3) of BNSS
and the following conditions:
(i) One of the bailors will be a close relative of
the petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail
bond of the petitioner will be liable to be
cancelled by the court concerned.
(Arun Kumar Jha, J)
Ashish/-
U T
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