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Patna High Court

Prashant KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                        3/3




                                   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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