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Patna High Court

Chandu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner subject to bond and surety conditions.

Summary

The petitioner, Chandu Kumar, was charged under Sections 137(2) and 96 of the Bharatiya Nyaya Sanhita, 2023 for alleged kidnapping of a minor. The State opposed his regular bail, while the petitioner claimed innocence. The victim’s statement under Section 183 BNSS indicated that she had voluntarily eloped with the petitioner, suggesting a consensual relationship. Considering these facts, the court found no substantive reason to deny bail. Accordingly, the court granted regular bail on a bond of Rs.10,000 with two sureties, subject to the condition of regular appearance in trial.

Issues considered

  • Whether regular bail can be granted to an accused of kidnapping under Sections 137(2) and 96 of the Bharatiya Nyaya Sanhita, 2023.
  • Whether the victim’s claim of elopement and consensual relationship influences the bail decision.
  • Whether the conditions imposed on bail are appropriate under the law.

Legislation cited

Subjects

  • bail
  • kidnapping
  • minor
  • relationship
  • elopement
  • criminal procedure
  • Bharatiya Nyaya Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87168 of 2025
                       Arising Out of PS. Case No.-747 Year-2024 Thana- RUPASPUR District- Patna
                 ======================================================
                 Chandu Kumar S/O Babloo Das @ Bablu Ram Resident of Village- Bahiyara,
                 P.S.- Koilwar (Chandi), Dist- Bhojpur at Ara

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ashok Kumar Jha
                 For the Opposite Party/s :       Mr. Narendra Kumar Singh
                 For the Informant        :       Mr. Abhijit Prabhat
                                                  Ms. Jigyasa
                                                  Mr. Sanjay Kumar Tiwary
                                                  Mr. Bablu Singh Vishwanath Kushwaha
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

9   27-04-2026                  Heard the learned counsel for the petitioner, the

                   learned APP for the State, and the learned counsel for the

                   informant.

                                2. The petitioner seeks regular bail in connection with

                   Rupaspur P.S. Case No. 747 of 2024 registered for the offence

                   under Section(s) 137(2), 96 of the Bharatiya Nyaya Sanhita,

                   2023.

                                3. As per the prosecution case, the petitioner is

                   accused of kidnapping the minor victim.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has not committed any offence.

                   Petitioner is in custody since 11.07.2025 and has clean
Patna High Court CR. MISC. No.87168 of 2025(9) dt.27-04-2026
                                            2/3




          antecedent.

                       5. Learned A.P.P. for the State and the learned counsel

          for the informant have vehemently opposed the prayer for bail.

                       6. I have considered the submissions of the parties and

          have gone through the records of the case. From the statement

          of the victim girl recorded under Section 183 BNSS, it appears

          that the victim and the petitioner were in a relationship and the

          victim had eloped with the petitioner on her own.

                       7. Considering the aforesaid facts and circumstances

          and the statement of the victim girl, this application for regular

          bail is allowed.

                       8. Accordingly, let the petitioner, above named, be

          released on bail on furnishing bail bonds of Rs. 10,000/- (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 Rupaspur P.S. Case

          No. 747 of 2024 subject to conditions that:-

                                             (i). The petitioner shall appear in
                                  the trial regularly either personally or
                                  through his lawyer and shall cooperate in
                                  the trial and non-cooperation in the trial
                                  shall result in cancellation of the bail bond
                                  of the petitioner.


                       9. It is made clear that any observation made herein is
            Patna High Court CR. MISC. No.87168 of 2025(9) dt.27-04-2026
                                                        3/3




                      prima facie in nature and limited solely for the purpose of

                      adjudication of the present bail application. Such observations

                      shall not be construed as an expression on the merits of the case

                      and shall not influence the trial or any other proceedings in any

                      manner.



                                                 (Sandeep Kumar, J)
Shishir/-

U


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