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Patna High Court

Prakash Kumar @ Om Prakash KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted as the victim’s statement indicated no element of enticement and there was no evidence of tampering or serious risk.

Summary

The petitioner, Prakash Kumar, applied for regular bail in a case under Section 366(A) of the Indian Penal Code, alleging he enticed a minor for marriage. The prosecution alleged that the minor disappeared and was allegedly taken by the petitioner. The petitioner argued that the victim’s statement recorded under Section 183 of the BNSS showed she went with him voluntarily, negating the element of "enticement" required for the offence, and highlighted her near‑majority age and lack of evidence tampering. The State opposed bail, but the court considered the victim’s statement and the absence of serious tampering or similar prior offences. Consequently, the court ordered bail on a bond of Rs.10,000 with two sureties, allowing the petitioner's release.

Issues considered

  • Whether the petitioner is entitled to regular bail in a case under Section 366(A) IPC given the facts.
  • Whether the victim’s statement under Section 183 of the BNSS negates the element of "enticement" required for Section 366(A).
  • Whether the petitioner’s prior criminal antecedent affects the grant of bail.

Legislation cited

Subjects

  • regular bail
  • Section 366(A) IPC
  • enticing away of minor
  • victim statement
  • criminal procedure
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89583 of 2025
                     Arising Out of PS. Case No.-22 Year-2024 Thana- Sikandarpur District- Muzaffarpur
                 ======================================================
                 Prakash Kumar @ Om Prakash Kumar S/o Jay Mangal Prasad Resident of
                 village- ward no 9, Madhahga, P.S.- Rajepur, Distt.- East Champaran

                                                                                      ... ... Petitioner/s
                                                         Versus
           1.    The State of Bihar
           2.    XX W/o Bhola Raut R/o vill - Sikandrapur, ward no. 13, P.s.- Sikandrapur,
                 Distt.- Muzaffarpur

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Abhishek Kumar, Advocate
                 For the Opposite Party/s :         Mr. Jharkhandi Upadhyay, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

5   18-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has preferred this application for

                   grant of regular bail in connection with Sikandrapur P.S. Case

                   No. 22 of 2024 registered for the offences punishable under

                   Sections 366(A) of the Indian Penal Code.

                                3. As per the prosecution case, on 03.04.2024 at about

                   4:00 A.M., the daughter of the informant/victim left her house to

                   go to her aunt’s house but did not return. Thereafter, a hectic

                   search was conducted, but no trace of her was found. It has been

                   alleged that, in the course of the search, it came to light that one

                   Prakash Kumar (petitioner), who used to reside near the house
Patna High Court CR. MISC. No.89583 of 2025(5) dt.18-04-2026
                                            2/3




          of the informant, had enticed away the minor daughter of the

          informant for the purpose of marriage.

                       4. Learned counsel for the petitioner has submitted

          that the petitioner is innocent and has falsely been implicated in

          this case. It has been further submitted that the statement of the

          victim recorded under Section 183 of the BNSS which was

          called for by order dated 19.01.2026 indicates that the victim

          joined the company of the petitioner out of her own free will,

          and there was no element of “enticing away” or “taking away”

          so as to constitute an offences under Section 366(A) of the IPC.

          Moreover, the victim is on the verge of attaining majority and

          she was not of such tender age so as to not understand the

          consequences of her action. The petitioner is in custody since

          03.11.2025 and charge sheet has been submitted and there is no

          allegation of tampering with evidence. Lastly, it has been

          submitted that though the petitioner has one criminal antecedent

          but not of similar nature of offence and he is on bail in that case.

                       5. Learned APP for the State has vehemently opposed

          the prayer for bail of the petitioner.

                       6. Considering the aforesaid submissions of the

          parties and particularly the statement of the victim recorded

          under Section 183 of the B.N.S.S., let the petitioner above-
              Patna High Court CR. MISC. No.89583 of 2025(5) dt.18-04-2026
                                                          3/3




                        named, be enlarged on bail on furnishing bail-bonds of Rs.

                        10,000/- (Rupees Ten Thousand) with two sureties of the like

                        amount each to the satisfaction of learned Court concerned,

                        Muzaffarpur, in connection with Sikandrapur P.S. Case No. 22

                        of 2024.

                                     7. The application stands allowed.



                                                   (Praveen Kumar, J)
Jyoti/-

U         T


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