Patna High Court

Aman KumarversusThe State of Bihar

Decided: 24 March 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted regular bail to the petitioner.

Summary

Aman Kumar was arrested in a kidnapping case (Section 96 BNS) alleging he abducted the minor daughter of an informant. The petitioner claimed innocence, asserting the alleged victim is actually a major who voluntarily stayed with him in Delhi, and that the case stems from a consensual romantic relationship. The victim’s statement recorded under Section 183 BNSS corroborated this, and she refused a medical examination. The petitioner had no prior criminal record and had been in custody since 19‑10‑2025. The State opposed bail, but the court, considering the consensual nature of the relationship and lack of antecedents, ordered his release on regular bail with a bond of Rs.10,000 and two sureties.

Issues considered

Whether the petitioner is entitled to regular bail in a kidnapping case under Section 96 BNS given the alleged consensual relationship and the victim's status as a major.

Legislation cited

BNS — s. 96
BNSS — s. 183

Subjects

regular bail
kidnapping
consensual relationship
Section 96
Section 183
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8607 of 2026
                    Arising Out of PS. Case No.-152 Year-2025 Thana- KHUDAGANJ District- Nalanda
                 ======================================================
                 Aman Kumar S/o Umesh Ravidas R/o vill - Jahanabagicha, P.S.- Khudaganj,
                 Distt.- Nalanda

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Lovekush Kumar, Advocate
                 For the Opposite Party/s :      Mr.Ramchandra Sahni, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   24-03-2026                       Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under section 96 of the

                   BNS.

                                3.    The case of the prosecution is that the petitioner

                   had kidnapped the minor daughter of the informant.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in

                   connection with the present case. It is further submitted that

                   during the course of investigation, the victim was recovered and

                   her statement was recorded under Section 183 of the BNSS

                   wherein she has stated that she was knowing the petitioner for
Patna High Court CR. MISC. No.8607 of 2026(3) dt.24-03-2026
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          last three years and they were on talking terms. When the

          mother of the victim came to know about their relationship, she

          objected to the same, however, the victim was intent upon

          marrying the petitioner. It is further submitted that the petitioner

          had gone to Delhi for his livelihood and the victim also went

          there of her own volition without informing her family

          members. She stayed with the petitioner at Delhi for about 5-6

          days and thereafter, the present case was filed by her father. It is

          further submitted that during the course of investigation, it has

          come to light that the victim is major and from perusal of the

          case diary, it would transpire that the victim refused to undergo

          medical examination. Hence, it is submitted that the present

          case arises out of a consensual romantic relationship between

          two majors. Moreover, the petitioner is languishing in judicial

          custody since 19.10.2025 having no criminal antecedent.

                       5.     Learned APP appearing for the State has

          vehemently opposed the prayer of regular bail.

                       6. Considering the aforesaid facts and circumstances

          of the case, this court is inclined to enlarge the petitioner on

          bail. The above named petitioner is directed to be released on

          bail in connection with Khudaganj P.S. Case No. 152 of 2025 on

          furnishing bail bond of Rs.10,000/- (ten thousand) with two
            Patna High Court CR. MISC. No.8607 of 2026(3) dt.24-03-2026
                                                        3/3




                      sureties of the like amount each to the satisfaction of learned

                      ACJM-1st, Hilsa, Nalanda.



                                             (Ashok Kumar Pandey, J)
Jagdish/-

U       T

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