Patna High Court
Abhishek KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner with specified conditions.
Summary
The petitioner, Abhishek Kumar, was arrested in connection with a kidnapping case (Bibhutipur PS Case No.112/2024) alleging offences under IPC sections 363, 366(A) and 34, as well as provisions of the Bihar Negotiable Statutes. He sought bail, claiming a clean antecedent and asserting that the alleged victim, a 15‑year‑old girl, had voluntarily married him and bore his child, as recorded in a statement under Section 164 of the CrPC and Section 183 of the Bihar Negotiable Statutes. The prosecution opposed bail, maintaining the seriousness of the kidnapping allegations. The court noted the victim’s supportive statement, the petitioner’s lack of prior criminal record, and ordered bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, and non‑tampering with evidence. The bail bond was to be verified by the lower court without delay.
Issues considered
- Whether bail should be granted to the accused in a kidnapping‑for‑marriage case under IPC sections 363, 366(A) and 34.
- Whether the victim’s statement under Section 164 CrPC/Section 183 of the Bihar Negotiable Statutes negates the prosecution’s case.
- Whether the petitioner’s clean antecedent warrants bail despite the serious nature of the alleged offences.
Legislation cited
- Bihar Negotiable Statutes (BNS) — s. 137(2), 3(5), 96
- Code of Criminal Procedure, 1973 — s. 164
- Indian Penal Code — s. 34, 363, 366A
Subjects
- bail
- kidnapping
- forced marriage
- IPC
- victim statement
- clean antecedent
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90993 of 2025
Arising Out of PS. Case No.-112 Year-2024 Thana- BIBHUTIPUR District- Samastipur
======================================================
Abhishek Kumar S/o- Ashok Mahto R/v- Damodarpur Surauli, Ps- Bibhutipur
Dist- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs.Pampy Kumari, Advocate
For the Opposite Party/s : Mr.Rajesh Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 13-01-2026 Heard Mrs.Pampy Kumari, learned counsel for the
petitioner and Mr.Rajesh Kumar, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since
14.10.2025 in connection with Bibhutipur P.S.Case
No.112/2024, F.I.R. dated 08.04.2024 registered for the offences
punishable under Sections 363,366(A)/34 of IPC, as of now
Sections 137(2),96,3(5) of BNS, 2023.
3. The prosecution case, in short, is that on 04 at 5.00
PM, accused persons including the petitioner are alleged to have
kidnapped the daughter (the victim) of the informant aged
about 15 years for the purpose of her marriage.
4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent. The allegation
as alleged in the FIR is false and fabricated and the petitioner
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has not committed any offence as alleged in the FIR. In fact the
petitioner was in love with the victim and petitioner has
performed the marriage with the victim and from the wedlock
one child has been born and victim is living in the house of the
petitioner as wife and the statement of the victim was recorded
under Section 164 Cr.P.C./Section 183 of BNSS, 2023 in which
she has categorically stated that she has performed the marriage
with the petitioner and one child has also been born. The police,
after investigation, submitted chargesheet against the petitioner
and the petitioner is in custody since 14.10.2025.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner.
6. Considering the aforesaid facts, petitioner has clean
antecedent, victim has not supported the case of the prosecution
in her statement under Section 164 Cr.P.C./Section 183 of
BNSS, 2023 and she has performed the 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 learned
S.D.J.M., Rosera, Samastipur in connection with Bibhutipur
P.S.Case No.112/2024, with the following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
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properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her 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)
Nitesh/-
U T
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