Patna High Court
Prashant KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted to the petitioner subject to the stipulated conditions.
Summary
Petitioner Prashant Kumar was arrested in connection with a kidnapping case under Sections 137(2) and 96 of the Bihar Narcotic Substances Act, 2023. The prosecution alleged that the petitioner and others abducted the informant's daughter. The petitioner contended that the allegation was false, that he had married the victim, and that the victim, who was over 17 years old, had affirmed the marriage in a statement recorded under Section 164 of the Cr.P.C. The court noted the petitioner’s clean antecedent and the victim’s declaration, and consequently granted bail on a bond of Rs.10,000 with two sureties, subject to conditions regarding cooperation with the trial, non‑tampering with evidence, and verification of criminal antecedent. The bail order was issued by Justice Rajesh Kumar Verma of the Patna High Court.
Issues considered
- Whether bail should be granted to the petitioner accused of kidnapping under Sections 137(2) and 96 of the BNS, 2023.
- Whether the victim’s statement of marriage and age affect the seriousness of the alleged offence.
- Whether the petitioner’s clean antecedent warrants bail despite the prosecution’s opposition.
Legislation cited
- Bihar Narcotic Substances Act — s. 137(2), 96
- Code of Criminal Procedure, 1973 — s. 164
Subjects
- bail
- kidnapping
- marriage
- victim age
- Bihar Narcotic Substances Act
- Criminal Procedure Code
- clean antecedent
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90736 of 2025
Arising Out of PS. Case No.-280 Year-2025 Thana- JANDAHA District- Vaishali
======================================================
Prashant Kumar S/o- Sudhir Singh @ Sudhir Kumar Singh Resident of
Village- Chaksahvali Police Station- Mahisaur Jandaha, Dist- Vaishali
... ... Petitioner/s
Versus
1. The State of Bihar
2. Rashida Khatoon W/o- Jamil R/v Po- Chand Sarai, Ps- Mahisaur Dist-
Vaishali
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjeet Kumar, Advocate
For the Opposite Party/s : Mr. Sunil Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 13-01-2026 Heard Mr. Ranjeet Kumar, learned counsel for the
petitioner and Mr. Sunil Kumar Pandey, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
03.09.2025 in connection with Jandaha (Mahusaur) P.S. Case
No. 280 of 2025, F.I.R. dated 05.07.2025 for the offences
punishable under Sections 137(2) and 96 of the BNS, 2023.
3. According to prosecution case, the informant
suspects that all the accused persons including this petitioner
have kidnapped the informant's daughter.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
Patna High Court CR. MISC. No.90736 of 2025(2) dt.13-01-2026
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implicated in the present case. The allegation as alleged in the
F.I.R is false and fabricated and the petitioner has not committed
any offence as alleged in the F.I.R. In fact, the petitioner was in
love with the victim and he has performed marriage with the
victim. He further submits that the statement of the victim was
recorded under Section 164 of the Cr.P.C/183 of the BNSS in
which she has categorically stated that she has performed
marriage with the petitioner. The date of birth of the victim is
07.07.2008 which suggest that the victim was more than 17
years of age at the time of incident. The petitioner is in custody
since 03.09.2025.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
that the petitioner has clean antecedent and the victim herself
stated that she has performed marriage with the petitioner, let
the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned A.D.S.J,
POCSO, Vaishali at Hajipur in connection with Jandaha
(Mahisaur) P.S. Case No. 280 of 2025, subject to the following
conditions:-
Patna High Court CR. MISC. No.90736 of 2025(2) dt.13-01-2026
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i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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