Patna High Court
Chandu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bharatiya Nyaya Sanhita, 2023 — s. 137(2), 183, 96
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
Checking your session…