Patna High Court

Ajay KumarversusThe State of Bihar

Decided: 25 February 2026
Disposal: BAIL GRANTED
Bench: SONI SHRIVASTAVA

Holding

The petitioner is entitled to bail as the allegations do not outweigh the factors in his favour.

Summary

Ajay Kumar was arrested in a case registered under Sections 140(3) and 96 of the B.N.S for allegedly kidnapping the minor daughter of an informant. The girl was later recovered and, under Section 183 of the B.N.S.S, stated that she voluntarily went with the petitioner to Ludhiana, stayed with him, denied any kidnapping, and claimed to have married him. She also refused a medical examination. The petitioner, a 21‑year‑old with no prior criminal record, sought bail. The Court considered the possibility of a consensual love relationship, the victim’s statement, the petitioner’s clean record, and the lack of corroborative evidence of kidnapping. Accordingly, the Court ordered that bail be granted on a bond of Rs 10,000 with two sureties.

Issues considered

Whether the petitioner is entitled to bail despite allegations of kidnapping under Sections 140(3) and 96 of the B.N.S
Whether the victim’s statement under Section 183 of the B.N.S.S negates the kidnapping allegation

Legislation cited

B.N.S. — s. 140(3), 96
B.N.S.S. — s. 183

Subjects

bail
kidnapping
love affair
minor
statement under Section 183
refusal of medical examination
criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87051 of 2025
                        Arising Out of PS. Case No.-599 Year-2025 Thana- NAGAR District- Vaishali
                 ======================================================
                 Ajay Kumar S/O Ramesh Mahto R/O Village- Khariyadih, Shikarpur, P.S-
                 Sonepur, Dist.- Saran.

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    X Son of Not Known R/O Village- Kajipur, P.O- Rasalpura, P.S- Doriganj,
                 Distt.- Saran. At Present Umesh Cinema Road, House of Arvind Rai,
                 Hajipur Town Police Station, Dist.- Vaishali.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Vasant Vikas, Advocate
                 For the Opposite Party/s :        Mr. Narsingh Tanti, A.P.P.
                 For the Informant        :        Mr. Rajeev Ranjan, Advocate
                                                   Mr. Sumit Kr. Srivastava, Advocate

                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

3   25-02-2026                    Heard learned counsel for the petitioner, learned APP for

                   the State and learned counsel appearing for the informant.

                                2. The petitioner seeks bail in a case registered for the

                   offence punishable under Sections 140 (3) and 96 of B.N.S.

                                3. As per the prosecution case, the minor daughter of the

                   informant did not return from the school.

                                4. Learned counsel for the petitioner submits that the

                   present case arises out of a love relationship between the petitioner

                   and the victim girl and upon her recovery her statement has been

                   recorded under Section 183 of the B.N.S.S wherein she has admitted

                   the fact that she had called the petitioner and went with him to

                   Ludhiana where she was staying along with him while the police
             Patna High Court CR. MISC. No.87051 of 2025(3) dt.25-02-2026
                                                         2/2




                       apprehended both of them and brought them to Hajipur. She has

                       completely negated the factum of kidnapping and has further

                       submitted that she has also performed marriage with the petitioner.

                       Further, she has also refused her medical examination which would

                       be evident from paragraph 54 of the case diary. Petitioner is also a

                       young boy aged about twenty one years having no criminal

                       antecedent. Petitioner is in custody since 31.07.2025.

                                    5. Learned APP for the State and learned counsel for the

                       informant have also been heard.

                                    6. Taking into consideration the facts and circumstances of

                       the case and also considering the possibility of a love affair and the

                       statement of the victim under Section 183 of the B.N.S.S , the above

                       named petitioner is directed to be enlarged on bail on furnishing bail

                       bond of Rs10,000/- (Rupees Ten Thousand) with two sureties of the

                       like amount each to the satisfaction of the learned Court below where

                       the case is pending/successor Court in connection with Hajipur Town

                       P.S. Case No. 599 of 2025.



                                                 (Soni Shrivastava, J)
vashudha/-

U      T

Continue reading with your account

Checking your session…