Patna High Court
Niraj KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner on condition of a Rs.10,000 bond with two sureties.
Summary
The petitioner, Niraj Kumar, sought regular bail in a criminal case alleging kidnapping of a minor daughter of an informant, charged under Sections 173(2), 96 and 3(5) of the BNS. The prosecution argued that the petitioner had retained the minor without guardian permission, while the petitioner contended that the victim had eloped and married him, citing a medical report indicating the victim was 18‑20 years old. The petitioner’s counsel highlighted his clean antecedents and that he had been in custody since 01‑09‑2025. The Additional Prosecutor opposed bail. Considering the facts, the court decided to grant bail, directing the petitioner to furnish a Rs.10,000 bond with two sureties to the satisfaction of the Judicial Magistrate.
Issues considered
- Whether the petitioner is entitled to regular bail despite charges of kidnapping a minor under Sections 173(2), 96 and 3(5) of the BNS.
- Whether the alleged elopement and the victim's age affect the grant of bail.
- Whether the conditions of a Rs.10,000 bond and two sureties satisfy the requirements for bail.
Legislation cited
- BNS — s. 173(2), 180, 183, 3(5), 96
Subjects
- regular bail
- kidnapping
- minor
- elopement
- criminal procedure
- BNS
- Section 173(2)
- Section 96
- Section 3(5)
- bond
- sureties
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88725 of 2025
Arising Out of PS. Case No.-3 Year-2025 Thana- Arar District- Madhepura
======================================================
Niraj Kumar son of Late Hiralal Mukhiya Resident of Village- parsaha Ward
no. 10, Ps- Arar, Dist- Madhepura
... ... Petitioner/s
Versus
1. The State of Bihar
2. Subodh Mukhiya C/o Laxmi Mukhiya Resident of Village- Parsaha Ward
no. 10, P.S.- Arar, Dist- Madhepura
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amarnath Jha, Advocate
For the Opposite Party/s : Md. Mushtaque Alam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 06-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Sections 173(2), 96
and 3(5) of the BNS.
3. The case of the prosecution, in short, is that the
petitioner has kidnapped the minor daughter of the informant.
4. Learned counsel for the petitioner submits that
learned trial court has recorded in its order that “Statement u/s 180
& 183 BNSS made by victim girl in which she stated that she has
eloped with Niraj Kumar (petitioner) and married with him in a
temple at Purniya. So, after scanning of statements of victim girl it
is quite apparent that petitioner was in continuous company of the
Patna High Court CR. MISC. No.88725 of 2025(2) dt.06-01-2026
2/2
victim girl and has retained the minor girl of informant without
permission of her legal guardian”. Learned counsel for the
petitioner has submitted that from perusal fo the medical report it
is clear that the Doctor has opined that the victim is aged about 18
to 20 years. As the victim has eloped with the petitioner it is clear
case of elopement. Learned counsel for the petitioner has
submitted that the petitioner is a man of clean antecedent and is in
judicial custody since 01.09.2025.
5. Learned Additional Prosecutor for the State has
vehemently opposed the bail application of the petitioner.
6. Considering the aforesaid facts and circumstances of
the case, this court is inclined to enlarge the petitioner on bail. The
above named petitioner is directed to be released on bail in
connection with Arar P.S. Case No. 03 of 2025 on furnishing bail
bond of Rs.10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned JM 1 st Class,
Udakishunganj, Madhepura.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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