Patna High Court
Dipak KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to the petitioner subject to the conditions prescribed under Section 482 of the BNSS and Section 438(2) of the CrPC.
Summary
Dipak Kumar sought relief from imminent arrest in a case registered under Sections 137(2) and 140(2) of the Bharatiya Nyaya Sanhita alleging abduction of a girl. The prosecution alleged that the petitioner abducted the victim, but the victim’s statement indicated that she had voluntarily eloped with the petitioner and was in a consensual relationship. The petitioner filed a bail application fearing arrest. The court examined the victim’s statement and the nature of the alleged offence. Finding that the allegations did not constitute a non‑bailable offence in the circumstances, the court allowed the bail application. The petitioner was ordered to be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 482 of the BNSS and Section 438(2) of the CrPC.
Issues considered
- Whether bail should be granted to the petitioner in a case of alleged abduction under Sections 137(2) and 140(2) of the Bharatiya Nyaya Sanhita given the victim’s statement of elopement.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 137(2), 140(2), 482
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- abduction
- elopement
- criminal procedure
- Bharatiya Nyaya Sanhita
- Section 137
- Section 140
- Section 438
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89874 of 2025
Arising Out of PS. Case No.-484 Year-2025 Thana- NOORSARAI District- Nalanda
======================================================
Dipak Kumar S/o Bhola Chauhan R/o Village- Brindawan, P.S- Sarmera,
Dist- Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pramod Kumar Sinha, Advocate
For the State : Mr.Ram Sumiran Rai, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in connection
with Noorsarai P.S. Case No. 484 of 2025 instituted under
Sections 137(2) and 140(2) of the Bharatiya Nyaya Sanhita.
3. As per the prosecution case, the petitioner is said
to have abducted the victim girl.
4. From the statement of the victim girl, it appears
that she was in a relationship with the petitioner. She has
returned and given her statement that she has eloped with the
petitioner.
5. Considering the aforesaid, this application is
allowed.
6. Accordingly, in the event of arrest or surrender
Patna High Court CR. MISC. No.89874 of 2025(2) dt.04-02-2026
2/2
before the Court below within six weeks from today, the
petitioner, above named, be released on bail upon furnishing
bail bonds of Rs.10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of the learned Chief Judicial
Magistrate, Nalanda at Biharsharif/ concerned Court in
connection with Noorsarai P.S. Case No. 484 of 2025, subject to
the conditions laid down in Section 482 of the BNSS/ 438(2) of
the Code of Criminal Procedure, 1973.
(Sandeep Kumar, J)
P. Kumar
U T
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