Patna High Court
Sachin KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted bail to the petitioner.
Summary
The petitioner, Sachin Kumar, was arrested in connection with a case registered under Sections 137(2), 96 and 3(5) of the BNS for alleged abduction of a girl. The prosecution alleged that the petitioner had forcibly taken the victim, while the victim's statement indicated that she had voluntarily eloped with the petitioner. The petitioner had been in custody since 16 September 2025 and filed a bail application before the Patna High Court. After hearing the counsel for both parties, the Court noted the victim's voluntary elopement claim and found no compelling reason to deny bail. Consequently, the Court ordered the release of the petitioner on bail upon furnishing a bond of Rs. 10,000 with two sureties of equal amount.
Issues considered
- Whether bail should be granted to the petitioner accused of abduction under Sections 137(2), 96 and 3(5) of the BNS given the victim's statement of voluntary elopement.
Legislation cited
- BNS — s. 137(2), 3(5), 96
Subjects
- bail
- abduction
- elopement
- criminal procedure
- BNS
- Sections 137(2)
- Section 96
- Section 3(5)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86910 of 2025
Arising Out of PS. Case No.-800 Year-2025 Thana- MOHANIYA District- Kaimur (Bhabua)
======================================================
Sachin Kumar S/o- Upendra Chaudhary @ Uma Chaudhary Resident of
village - Tekari Kala, Police Station- Mohania, District- Kaimur at Bhabhua
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Tulsi Bind S/o- Late Munsi Bind R/v- Aladahi Ps- Mohania Dist- Kaimur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rakesh Kumar Mishra
For the Opposite Party/s : Mr.Jharkhandi Upadhyay
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 19-03-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned APP for the State.
2. The petitioner seeks bail in connection with
Mohania P.S. Case No. 800 of 2025 registered for the offence
under Sections 137(2). 96, 3(5) of the BNS.
3. As per the prosecution case, the petitioner is
said to have abducted the victim.
4. The petitioner is in custody since 16.09.2025.
5. From the statement of the victim girl, it appears
that the victim has eloped with the petitioner on her own.
6. Considering the aforesaid facts, this application
is allowed.
Patna High Court CR. MISC. No.86910 of 2025(5) dt.19-03-2026
2/2
7. Let the petitioner, above named, be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned concerned Court below, where the case is pending,
in connection with Mohania P.S. Case No. 800 of 2025.
(Sandeep Kumar, J)
Vikas/-
U
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