Patna High Court
Aditya Kumar Roy @ Anshu KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner, finding that the evidence indicated an elopement rather than kidnapping.
Summary
The petitioner, Aditya Kumar Roy, was arrested in connection with a case alleging kidnapping of a minor girl, charged under several sections of the B.N.S., 2023. The prosecution alleged that the petitioner abducted the informant's daughter, while the petitioner claimed innocence, asserting that the girl voluntarily eloped and later married him. The victim’s statements recorded under Sections 180 and 183 of the B.N.S. indicated that she was not kidnapped but had left her home due to family pressure and chose to marry the petitioner. The petitioner also presented a medical report confirming the victim’s age as between 17 and 20 years and highlighted his lack of prior criminal record. After hearing both sides, the High Court found the circumstances indicative of an elopement rather than kidnapping and ordered the petitioner to be released on bail upon furnishing a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to bail despite charges of kidnapping and related offences under the B.N.S., 2023.
- Whether the victim’s statements under Sections 180 and 183 of the B.N.S. negate the allegation of kidnapping.
- Whether the petitioner’s lack of criminal antecedents and the nature of the alleged offence justify bail.
Legislation cited
- B.N.S., 2023 — s. 115(2), 126(2), 137(2), 180, 183, 3, 3(5), 351(2), 352
Subjects
- bail
- kidnapping
- elopement
- minor
- Sections 180 and 183
- B.N.S. 2023
- criminal procedure
- POCSO
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80091 of 2025
Arising Out of PS. Case No.-719 Year-2025 Thana- SAHARSA SADAR District- Saharsa
======================================================
Aditya Kumar Roy @ Anshu Kumar Son of Anand Roy R/o Village- Kothi
Hat Road, Registry Office, Ward No. 3, P.S.- Forbesganj, District- Araria
... ... Petitioner/s
Versus
1. The State of Bihar
2. Ravindra Kumar S/O- Chandeshwari Yadav, resident of mohalla-kosi
chowk, mithila convent gali, ward no. 11, dist- saharsa
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Singh, Advocate
For the Opposite Party/s : Mr. Arun Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
4 02-02-2026 Heard Mr. Ashok Kumar Singh, learned counsel for
the petitioner and Mr. Arun Kumar Pandey, learned APP for the
State.
2. The petitioner has prayed for bail in connection
with Saharsa P.S. Case No. 719 of 2025 registered for the
offence punishable under Sections 137(2), 126(2), 115(2), 352,
351(2) and 3, 3(5) of the B.N.S., 2023.
3. The case of the prosecution in short is that the
petitioner has kidnapped the minor daughter of the informant.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
Patna High Court CR. MISC. No.80091 of 2025(4) dt.02-02-2026
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case. Learned counsel for the petitioner submits that during the
course of investigation, the victim has given her statement
recorded under Sections 180 and 183 of the BNSS. In her
statement under Section 183 of the BNSS, she has stated that
she was in an affair with the petitioner outside the marriage and
when the family members came to know, she was being scolded
and assaulted. She was also administered intoxicants by her
family members and was tortured. He also submits that her
marriage was fixed with a man of 38 years old. After that, she
went to the house of the petitioner. She has categorically stated
that nobody has kidnapped her. She has solemnized marriage
with Anshu Kumar on her own sweet will. This kind of
statement is also given by the victim recorded under Section 180
of the BNSS. He also submits that from perusal of the medical
report, it is clear that the doctors have opined that the age of the
victim is between 17 to 20 years. It is a case of elopement. He
further submits that a statement has been made in para 3 of the
petition that petitioner has no criminal antecedent and he is
languishing in judicial custody since 25.07.2025.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
Patna High Court CR. MISC. No.80091 of 2025(4) dt.02-02-2026
3/3
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned Special
Judge, POCSO, Saharsa in connection with Saharsa P.S. Case
No. 719 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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