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Patna High Court

Ved Prakash TiwariversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that the circumstances indicated an elopement rather than a forcible abduction, and therefore the petitioner was entitled to bail.

Summary

The petitioner, Ved Prakash Tiwari, was arrested in connection with a case registered under Sections 137(2) and 96 of the BNS concerning the alleged abduction of the informant's daughter. The informant claimed his daughter had fled with the petitioner, while the petitioner’s counsel argued that the victim was recovered, gave a statement under Sections 180 and 183 of the BNSS, and that the incident amounted to an elopement, not a kidnapping. The victim, aged 17 at the time of the alleged incident, denied medical examination and asserted that she left home voluntarily and married the petitioner. The petitioner had no prior criminal record and had been in judicial custody since 23 September 2025. The informant opposed the bail application, but the court, after considering the facts, found the circumstances indicative of a consensual elopement and ordered the petitioner’s release on bail. The bail was conditioned on a bond of Rs.10,000 with two sureties to the satisfaction of the Additional Sessions Judge‑IV‑cum‑Exclusive Special Judge (POCSO), Biharsharif, Nalanda.

Issues considered

  • Whether the petitioner is entitled to regular bail under Sections 137(2) and 96 of the BNS given the alleged elopement and the victim's age.
  • Whether the alleged consent of a minor affects the grant of bail in such offences.

Legislation cited

  • BNS — s. 137(2), 96
  • BNSS — s. 180, 183

Subjects

  • regular bail
  • elopement
  • minor consent
  • Sections 137(2)
  • Section 96
  • BNSS
  • criminal procedure
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.7675 of 2026
                      Arising Out of PS. Case No.-235 Year-2025 Thana- SOHSARAI District- Nalanda
                 ======================================================
                 Ved Prakash Tiwari S/O Sri Gopal Tiwari R/O Mohalla- Kantahi, P.S.- Bihar,
                 Dist.- Nalanda.

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    XXXX S/O Late Ruplal Prasad R/O Mohalla- Chhoti Pahari, P.S.- Sohsarai,
                 P.O.- Bihar, Dist.- Nalanda.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Dilip Kumar, Advocate
                 For the State           :        Mr. Binod Kumar No.3, APP
                 For the Informant       :        Mr. Sumant Kumar Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   12-02-2026                   Heard learned counsel for the petitioner, learned APP

                   for the State and learned counsel for the Informant.

                                 2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under Sections 137(2) and

                   96 of the BNS.

                                 3. The case of the prosecution, in short, is that

                   daughter of the informant is missing. The informant suspects

                   that his daughter has fled away with a boy whose mobile no. is

                   9162513859.

                                 4. Learned counsel for the petitioner submits that

                   from perusal of the order of the learned trial court it is clear that

                   during investigation the victim was recovered and she has given
Patna High Court CR. MISC. No.7675 of 2026(2) dt.12-02-2026
                                            2/3




          her statement under Sections 180 and 183 of the BNSS and she

          has stated that she fled away from her home on 17.08.2025 and

          met the petitioner. Thereafter they went to Ranchi via Gaya and

          they also married at Mangla Asthaan and started living together

          and they also made physical relationship. Learned counsel for

          the petitioner has further submitted that the learned trial court

          has recorded that from perusal of Paragraph ‘32’ of the case

          diary it goes to show that the date of birth of victim in her

          matriculation marksheet is 06.06.2008. Learned counsel for the

          petitioner has further submitted that from this date of birth the

          age of the victim on the date of occurrence is 17 years 02

          months and odd days. It has further been submitted that the

          victim has denied medical examination and from perusal of the

          order of the learned trial court it is clear that is a clear case of

          elopement. Learned counsel for the petitioner has lastly

          submitted that the petitioner is having no criminal antecedent

          and is in judicial custody since 23.09.2025.

                       5. Learned counsel for the Informant is present and he

          has vehemently opposed the bail application.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this court is

          inclined to enlarge the petitioner on bail. The above named
            Patna High Court CR. MISC. No.7675 of 2026(2) dt.12-02-2026
                                                        3/3




                      petitioner is directed to be released on bail in connection with

                      Sohsarai P.S. Case No. 235 of 2025 on furnishing bail bond of

                      Rs.10,000/- (ten thousand) with two sureties of the like amount

                      each to the satisfaction of learned Additioanl Sessions Judge-IV-

                      cum-Exclusive Special Judge (POCSO), Biharsharif, Nalanda.



                                             (Ashok Kumar Pandey, J)
durgesh/-

U      T


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