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Patna High Court

Amit KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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


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