Patna High Court
Ranjit PatelversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
The court held that bail could not be granted to the petitioner given the seriousness of the offence and the minor status of the victim.
Summary
The petitioner, Ranjit Patel, applied for bail in a case where he is accused of kidnapping a minor girl with the intention of marrying her, under Sections 137(2), 87 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleges that the petitioner abducted the informant’s daughter, while the petitioner claims the relationship was consensual and that the marriage was solemnised in Nepal, asserting that the medical report does not support the charges. The State and the informant opposed bail, emphasizing the victim’s minority and the seriousness of the alleged offence. The court examined the nature of the accusation, the gravity of the offence, and the fact that the victim is a minor, and concluded that bail could not be granted. Consequently, the bail petition was rejected and the trial court was directed to expedite the trial.
Issues considered
- Whether bail should be granted to the accused in a kidnapping‑for‑marriage case involving a minor under the Bharatiya Nyaya Sanhita, 2023
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 137(2), 3(5), 87
Subjects
- bail
- kidnapping
- minor
- marriage
- criminal procedure
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80374 of 2025
Arising Out of PS. Case No.-340 Year-2025 Thana- NAUTAN District- West Champaran
======================================================
Ranjit Patel S/o Fulchand @ Gulchand Patel Resident of Village- Shivrajpur,
Ward No. 11, P.S.- Nautan, Dist.- West Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXXX S/o Madin Miyan Resident of Village- Sheikh Toli, P.S.- Nautan,
Dist.- West Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gyan Prakash, Advocate
For the Opposite Party/s : Mr. Rajiv Nayan, APP
For the Informant : Mr. Rahul Kumar Shukla, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
5 13-03-2026 Heard learned counsel for the petitioner, learned
APP for the State, learned counsel for the informant and perused
the case diary.
2. The petitioner seeks bail in connection with Nautan
P.S. Case No. 340 of 2025, instituted for the offences punishable
under Sections 137(2), 87, 3(5) of the Bharatiya Nyaya Sanhita,
2023.
3. The prosecution case, in short, is that the petitioner
kidnapped informant’s minor daughter with an intention to
marry her.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.80374 of 2025(5) dt.13-03-2026
2/2
present case. Charge-sheet has been submitted in this case.
Learned counsel for the petitioner also submits that there was
love affair in between the petitioner and the victim. It is next
submitted that she went with the petitioner on her own will and
solemnized marriage with him in Nepal. It is further submitted
that the medical report of the victim does not support the
prosecution case. The petitioner is in custody since 14.07.2025
and has got no criminal antecedent.
5. Learned APP for the State and learned counsel for
the informant have vehemently opposed the prayer for grant of
bail to the petitioner. It is also submitted that the victim is a
minor girl and there is specific allegation against the petitioner
of enticing away the victim for the purpose of marriage. Hence,
the petitioner does not deserve the privilege of bail.
6. Considering the aforesaid facts and circumstances
of the case, nature of accusation and the gravity of the offence,
this Court is not inclined to grant bail to the petitioner.
7. The prayer is rejected. The trial Court is directed to
expedite the Trial.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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