Patna High Court
Dipu Kumar Ram @ Dipu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Criminal Procedure Code (Cr.P.C.) — s. 438(2)
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
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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.
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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
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