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Patna High Court

Abhishek Kumar Tanti @ Abhishek TantiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner.

Summary

The petitioner, Abhishek Kumar Tanti, was arrested on 27‑08‑2025 for kidnapping the daughter of an informant with the alleged intent of marriage, under Sections 96 and 3(5) of the Bharatiya Nyaya Sanhita. The victim later married the petitioner, and he applied for bail. The court examined whether the marriage of the alleged victim negated the seriousness of the kidnapping charge and warranted bail. Considering the marriage and the circumstances, the court found no reason to keep the petitioner in custody. Consequently, the bail application was allowed, directing release on a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether bail should be granted to a person accused of kidnapping under Sections 96 and 3(5) of the Bharatiya Nyaya Sanhita when the alleged victim has married the accused

Legislation cited

Subjects

  • bail
  • kidnapping
  • marriage
  • Bharatiya Nyaya Sanhita
  • Section 96
  • Section 3(5)
  • criminal procedure
  • POCSO

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88488 of 2025
                      Arising Out of PS. Case No.-104 Year-2025 Thana- Amdanda District- Bhagalpur
                 ======================================================
                 Abhishek Kumar Tanti @ Abhishek Tanti S/O Ajay Tanti R/O Village- Bora,
                 P.S.- Amdanda, District- Bhagalpur

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    XXX W/O Anuj Kumar Singh R/O Village- Bora, P.S.- Amdanda, District-
                 Bhagalpur

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr.Ankit Raj, Advocate
                 For the State           :        Mr.Meena Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   19-03-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner seeks bail in connection with

                   Amdanda P.S. Case No. 104 of 2025 registered for the offence

                   punishable under Sections 96 and 3(5) of the Bharatiya Nyaya

                   Sanhita.

                                 3. As per the prosecution case, the petitioner is said to

                   have kidnapped the daughter of the informant for the purpose of

                   marriage.

                                 4. The petitioner is in custody since 27.08.2025.

                                 5. From the statement of the victim girl, it appears that

                   the victim has got married to the petitioner.
           Patna High Court CR. MISC. No.88488 of 2025(4) dt.19-03-2026
                                                       2/2




                                   6. Considering the aforesaid fact, this application is

                     allowed.

                                  7. 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

                     Exclusive Special Court (POCSO) cum- District and Additional

                     Sessions Judge-VII, Bhagalpur/ concerned Court in connection

                     with Amdanda P.S. Case No. 104 of 2025.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T


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