Patna High Court

Amit KumarversusThe State of Bihar

Decided: 17 February 2026
Disposal: BAIL GRANTED
Bench: SONI SHRIVASTAVA

Holding

The court granted bail to the petitioner.

Summary

The petitioner, Amit Kumar, was arrested in a kidnapping case (PS Nautan Case No. 219 of 2025) alleged to have abducted the informant's daughter to force a marriage. The FIR, filed under IPC sections 137(2), 96 and 3(5), was lodged two days after the incident. The victim, aged 17, gave a statement under section 183 of the Bihar Non‑Compulsory Statutes (BNSS) indicating she voluntarily accompanied the petitioner and later married him on 11‑05‑2025, refusing a medical examination. The petitioner, with no prior criminal record, applied for bail, arguing the delay in filing the FIR and the victim’s consent. The State opposed bail, but the court, considering the victim’s statement, the petitioner’s clean record, and his cooperation, ordered bail on a bond of Rs.10,000 with two sureties.

Issues considered

Whether bail should be granted in a kidnapping case where the alleged victim has consented to the marriage.
Whether the delay in filing the FIR affects the bail consideration.
Whether the age of the victim (17 years) impacts the grant of bail.

Legislation cited

Indian Penal Code — s. 137(2), 3(5), 96

Subjects

bail
kidnapping
marriage
consent
minor
Indian Penal Code
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.79691 of 2025
                   Arising Out of PS. Case No.-219 Year-2025 Thana- NAUTAN District- West Champaran
                 ======================================================
                 Amit Kumar S/O Bharat Pandit Resident of Village- Lilapatti, P.S- Nautan,
                 District- West Champaran.
                                                                        ... ... Petitioner/s
                                               Versus
           1.     The State of Bihar
           2.     Panalal Chaudhary S/O Late Singashan Chaudhary R/O Village- Lilapatti,
                  Ward No.- 02, Pakadiya, P.S- Nautan, Distt.- West Champaran.
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s       :     Mr. Sonu Singh, Adv.
                                                  Mr.Sujeet Kumar, Adv.
                 For the State              :     Mr.Madan Kumar, APP
                 For the O.P. No.2          :     Mr. Sachida Nand Rai, Adv.
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

4   17-02-2026                          Heard learned counsel for the petitioner, learned

                   APP for the State and learned counsel for the opposite party

                   no.2.

                                 2. A prayer for bail has been made on behalf of the

                   petitioner in connection with Nautan P.S. Case no.219 of 2025

                   registered under sections 137(2), 96 and 3(5) of IPC.

                                 3. Allegation in the F.I.R is that petitioner kidnapped

                   the informants daughter for the purpose of marriage.

                                 4. Learned counsel for the petitioner submits that the

                   present case arises out of love relationship between the

                   petitioner and the victim. Further, FIR has been lodged after a

                   delay of two days, for which no explanation has been tendered.

                   After recovery of the victim, her statement was recorded under

                   section 183 of BNSS which clearly indicates that it was actually

                   the victim herself who had asked the petitioner to take her along
            Patna High Court CR. MISC. No.79691 of 2025(4) dt.17-02-2026
                                                        2/2




                      whereafter, the victim and the petitioner solemnized marriage on

                      11.05.2025. She even refused to undergo the medical

                      examination. Further, learned counsel for the petitioner submits

                      that the age of the victim is 17 years which is almost on the

                      verge of majority. The petitioner has no criminal antecedent and

                      he undertakes to co-operate in case/trial. He is in custody since

                      20.05.2025.

                                    5. The application for bail is opposed by learned

                      A.P.P. for the State and learned counsel for the informant.

                                    6. Taking into consideration the aforesaid facts and

                      circumstances of the case and also considering the fact,

                      especially the statement of the victim under recorded section

                      183 of BNSS as also petitioner is a young boy having no

                      criminal antecedent, the petitioner is directed to be enlarged on

                      bail in connection with Nautan P.S. Case no.219 of 2025 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      Court       concerned           where   the   case   is

                      pending/successor Court.


                                                (Soni Shrivastava, J)

Harsh/-
U       T

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