Patna High Court
Abhishek Kumar Tanti @ Abhishek TantiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bharatiya Nyaya Sanhita — s. 3(5), 96
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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