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Patna High Court

Radheshyam KumarversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

The Court denied bail to the petitioner.

Summary

Radheshyam Kumar was arrested on 5 March 2025 in connection with a kidnapping and forced marriage case (FIR dated 1 March 2025) under Sections 87 and 3(5) of the B.N.S., 2023. He applied for bail, claiming a clean antecedent and that the allegations were fabricated, asserting that he had performed a consensual marriage with the victim. The State opposed bail, relying on the victim’s statement recorded under Section 164 of the Criminal Procedure Code and Section 183 of the B.N.S., 2023, which alleged that the marriage and physical relationship were forced. The Court examined the victim’s statement and the seriousness of the offences and concluded that bail could not be granted. Consequently, the petition for bail was refused.

Issues considered

  • Whether the petitioner is entitled to bail in light of the victim’s statement under Section 164 Cr.P.C. and Section 183 B.N.S., 2023.
  • Whether the nature of the offences under Sections 87 and 3(5) of B.N.S., 2023 warrants denial of bail.

Legislation cited

Subjects

  • bail
  • kidnapping
  • forced marriage
  • victim statement
  • Criminal Procedure Code
  • B.N.S. 2023
  • non‑bailable offence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91491 of 2025
                      Arising Out of PS. Case No.-15 Year-2025 Thana- Manikpur District- Lakhisarai
                 ======================================================
                 Radheshyam Kumar Son of Ganesh Thakur Resident of village - Bhawanipur,
                 P.S.- Manikpur, District - Lakhisarai.

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Binay Kumar, Advocate
                 For the State            :        Mr. Bhanu Pratap Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   13-01-2026                      Heard Mr. Binay Kumar, learned counsel for the

                   petitioner and Mr. Bhanu Pratap Singh, learned APP for the

                   State.

                                    2. Petitioner seeks bail, who is in custody since

                   05.03.2025, in connection with Manikpur P.S. Case No. 15 of

                   2025, F.I.R. dated 01.03.2025 registered for the offences

                   punishable under Sections 87 and 3(5) of B.N.S., 2023.

                                    3. Allegation against the petitioner is that he along

                   with other co-accused persons have kidnapped the informant’s

                   daughter forcefully on 28.02.2025.

                                    4. Learned counsel for the petitioner submits that

                   the petitioner has clean antecedent and he has been falsely

                   implicated in the present case. He further submits that the

                   allegation as alleged in the F.I.R. is false and fabricated and the
               Patna High Court CR. MISC. No.91491 of 2025(2) dt.13-01-2026
                                                           2/2




                         petitioner has not committed any offence as alleged in the F.I.R.

                         In fact, the petitioner has performed the marriage with the

                         victim.

                                      5. Learned APP for the State, on the other hand,

                         vehemently opposed the prayer for bail of the petitioner and

                         submits that the petitioner is named in the F.I.R. and the victim

                         was recovered and her statement was recorded under Section

                         164 of the Cr. P.C./183 of B.N.S., 2023 in which she has

                         categorically stated that the petitioner has forcefully performed

                         the marriage and petitioner has also established the physical

                         relation forcefully against her will.

                                         6. Considering the aforesaid facts as well as the

                         statement of victim recorded under Section 164 of the Cr.

                         P.C./183 of B.N.S., 2023, I am not inclined to enlarge the

                         petitioner on bail in connection with Manikpur P.S. Case No. 15

                         of 2025 pending in the Court of learned District & Additional

                         Sessions Judge, Lakhisarai.

                                          7. Prayer is refused.



                                                                       (Rajesh Kumar Verma, J)
Ibrar//-

U          T


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