Patna High Court
Amit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PARTHA SARTHY
Holding
The court held that bail could not be granted as the allegations of kidnapping and forced marriage were substantiated by the victim’s statement.
Summary
The petitioner, Amit Kumar, applied for regular bail in a case registered under sections 137, 87 and 3(5) of the Bhartiya Nyay Sanhita, 2023, alleging kidnapping of a woman for marriage. The prosecution’s informant claimed the petitioner abducted her 22‑year‑old daughter and forced a marriage, a claim supported by the victim’s statement recorded under section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The petitioner contended he was falsely implicated, asserting the relationship was consensual and presenting photographs and video of a ceremony. The court examined the victim’s recorded statement and the seriousness of the kidnapping and forced‑marriage allegations. Finding the allegations credible and supported by the victim’s testimony, the court declined to grant bail and dismissed the application.
Issues considered
- Whether the petitioner is entitled to regular bail under sections 137, 87 and 3(5) of the Bhartiya Nyay Sanhita, 2023 in view of the kidnapping and forced‑marriage allegations.
- Whether the victim’s statement under section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023 warrants denial of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 183
- Bhartiya Nyay Sanhita, 2023 — s. 137, 3(5), 87
Subjects
- regular bail
- kidnapping
- forced marriage
- Bhartiya Nyay Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- victim statement
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76232 of 2025
Arising Out of PS. Case No.-48 Year-2024 Thana- Kashnagar District- Saharsa
======================================================
Amit Kumar S/O Chhungari Mehta R/O Vill.- Kashnagar, (Saamhar Vasa),
Ward no. 4, P.S.- Kashnagar, (Saamhar Vasa) Dist.- Saharsa
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajit Kumar, Advocate
For the Opposite Party/s : Mr. Kalyan Shankar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
4 11-02-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Kashnagar P.S.Case
no.48 of 2024 registered under sections 137, 87 and 3(5) of the
Bhartiya Nyay Sanhita, 2023.
3. As per the prosecution case, the informant states
that the accused persons including the petitioner herein,
kidnapped her daughter with the intent of marriage.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case. It is a case of
love affair between the parties. The daughter of the informant is
a 22 year old major. Learned counsel for the petitioner submits
that he has photograph and video of the ceremony to show that
the daughter of the informant went willingly. The petitioner is
Patna High Court CR. MISC. No.76232 of 2025(4) dt.11-02-2026
2/2
in custody since 18.7.2025 and charge sheet has been submitted
in the case.
5. The application is opposed by learned A.P.P. for
the State.
6. On the recovery of the daughter of the informant,
her statement was recorded under section 183 Bharatiya Nagarik
Suraksha Sanhita, 2023 wherein she has categorically stated that
she was kidnapped by the petitioner and others by making her
unconscious and he forcibly married her in a temple. She further
states that the accused persons having abandoned her she
proceeded to the Police Station.
7. Having heard learned counsel for the parties and
taking into consideration the allegation against the petitioner of
having kidnapped the daughter of the informant together with
the allegations having been supported by the victim in her
statement recorded under section 183 Bharatiya Nagarik
Suraksha Sanhita, 2023, the Court is not inclined to enlarge the
petitioner on bail and the application is rejected.
(Partha Sarthy, J)
Bibhash
U T
Checking your session…