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Patna High Court

Dipu Kumar Ram @ Dipu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the prima‑facie evidence of the victim’s voluntary marriage negated the kidnapping allegation, warranting the grant of bail.

Summary

The petitioner, Dipu Kumar Ram, was named in an FIR for kidnapping, attempted rape and related offences under several sections of the Bihar Negotiable and Settlement Act (BNS). The victim, a minor, later gave a statement under Sections 180 and 183 of the BNS claiming she voluntarily left home and married the petitioner, thereby negating the kidnapping allegation. The petitioner’s counsel argued that the case was false and highlighted the victim’s voluntary marriage and the petitioner’s clean antecedents. The State opposed bail. Considering the prima‑facie evidence that the victim’s statement undermined the kidnapping and sexual assault charges, the court ordered the petitioner’s release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 438(2) of the Criminal Procedure Code and Section 482(2) of the BNS.

Issues considered

  • Whether bail should be granted to the accused despite serious charges of kidnapping and sexual assault against a minor.
  • Whether the victim’s voluntary marriage statement negates the prima‑facie case of kidnapping and related offences.
  • Whether the conditions prescribed under Section 438(2) Cr.P.C. and Section 482(2) BNS are satisfied for bail.

Legislation cited

Subjects

  • bail
  • kidnapping
  • child marriage
  • minor
  • voluntary marriage
  • Criminal Procedure Code
  • Bihar Negotiable and Settlement Act
  • prima facie

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.79992 of 2025
                  Arising Out of PS. Case No.-706 Year-2024 Thana- SIKARPUR District- West Champaran
                 ======================================================
                 Dipu Kumar Ram @ Dipu Kumar Son of Puran Ram R/o Village- Purainiya,
                 Ward No. 08, P.S.- Shikarpur, District- West Champaran. At present resident
                 of Village- Briti Matriya, P.S.- Lauriya, District- West Champaran

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Brij Kishor Mishra
                 For the Opposite Party/s :       Mr. Gulnar Begum
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

4   26-02-2026                        Heard the parties.

                                2. The petitioner is named in the F.I.R.

                   and apprehending his arrest in connection with

                   Shikarpur P.S. Case No. 706 of 2024 registered

                   for the offences punishable under Sections

                   137(2), 140(3), 126(2), 115(2), 303(2), 351(2)

                   and 3(5) of the BNS.

                                3. The allegation against the petitioner

                   is to kidnap the minor daughter of informant

                   aged about 15 years for the purpose of illicit

                   intercourse/marriage with another person.

                                4. It is submitted by learned counsel
Patna High Court CR. MISC. No.79992 of 2025(4) dt.26-02-2026
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          appearing on behalf of the petitioner that

          during the course of investigation statement of

          victim girl was recorded under Sections 180 &

          183 of the BNSS, where she categorically

          stated that she out of her own sweet will, left

          her parental home and solemnized marriage

          with petitioner in Gorakhpur. It is submitted

          that after solemnizing marriage the daughter of

          informant is living happily with petitioner and

          this connection learned counsel drew attention

          of this court towards paragraph no. 9 of the

          present bail petition, which is available on

          affidavit. It is submitted that as per admit card

          of Bihar School Examination Board her date of

          birth      was        17.08.2007             and     marriage   with

          petitioner was solemnized on 09.02.2025 at

          Gorakhpur and for technical differences of six

          months present false case was lodged as love

          affairs of the victim with petitioner was not

          approved by her parents. Petitioner is a man of

          clean antecedent.
               Patna High Court CR. MISC. No.79992 of 2025(4) dt.26-02-2026
                                                           3/4




                                       5. Learned APP opposes the prayer of

                         bail.

                                          6.     In     view        of        aforesaid   factual

                         submission and by taking note of fact as prima-

                         facie        victim          negates            the     allegation    of

                         kidnapping              and         sexual           assault     against

                         petitioner, accordingly petitioner above-named,

                         in the event of his arrest or surrender before

                         the court below within a period of four weeks, is

                         directed to be released on bail, furnishing bail

                         bond of Rs. 10,000/- (Rupees Ten Thousand)

                         with two sureties of the like amount each to the

                         satisfaction of the learned ACJM-VI, Bettiah,

                         West Champaran/concerned Court, where the

                         case is pending in connection with Shikarpur

                         P.S. Case No. 706 of 2024, subject to the

                         conditions as laid down under Section 438(2) of

                         the Cr.P.C/ Section 482(2) of BNSS.



                                                                  (Chandra Shekhar Jha, J)
S.Tripathi/-

U       T
Patna High Court CR. MISC. No.79992 of 2025(4) dt.26-02-2026
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