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Patna High Court

VIKRAM KUMARversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioner subject to a bond and sureties.

Summary

The petitioner, Vikram Kumar, was arrested in connection with a case alleging that he enticed and kidnapped a girl with intent to marry her, under Sections 137(2) and 87 of the Bharatiya Nyaya Sanhita, 2023. The petitioner contended that the alleged victim is a 21‑year‑old adult who voluntarily went with him, later stating that she had married him, and that he has no prior criminal record. The State opposed the bail application, arguing the seriousness of the offences. After hearing both sides, the court examined the factual matrix, including the victim’s age and the petitioner’s lack of antecedents. The court granted bail, directing the petitioner to furnish a bond of Rs. 10,000 with two sureties, subject to the satisfaction of the Additional Chief Judicial Magistrate.

Issues considered

  • Whether bail should be granted to the petitioner accused under Sections 137(2) and 87 of the Bharatiya Nyaya Sanhita, 2023.
  • Whether the alleged victim is a minor, affecting the gravity of the offence.
  • Whether the petitioner’s claim of consensual marriage and lack of criminal antecedents warrant bail.

Legislation cited

Subjects

  • bail
  • kidnapping
  • child marriage
  • consent
  • criminal procedure
  • Bharatiya Nyaya Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.92057 of 2025
                       Arising Out of PS. Case No.-171 Year-2025 Thana- MANPUR District- Nalanda
                 ======================================================
                 VIKRAM KUMAR, S/o- Shivalak Paswan @ Shivbalak Paswan, R/o Village-
                 Malichak, PS- Rahui, Dist- Nalanda

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Raj Kishor Prasad, Adv.
                 For the Opposite Party/s :       Mr. Syed Ehteshamuddin, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

2   15-01-2026                      Heard learned counsel for the petitioner and

                   learned A.P.P for the State.

                                2. The petitioner seeks bail in connection with

                   Manpur P.S. Case No. 171 of 2025 dated 05.11.2025

                   registered for the offence punishable under Sections 137(2)

                   and 87 of the Bharatiya Nyaya Sanhita, 2023.

                                3. The allegation against the petitioner is that he

                   enticed and kidnapped the minor girl (victim) with intent to

                   marry her.

                                4. Learned counsel for the petitioner submits that

                   the petitioner is innocent and has been falsely implicated in

                   this case. It is submitted that the alleged victim girl is aged

                   about 21 years as per the F.I.R.. It is further submitted that
            Patna High Court CR. MISC. No.92057 of 2025(2) dt.15-01-2026
                                                        2/2




                      the victim is a major girl and she went with the petitioner

                      out of her own sweet will and returned after three days and

                      clearly stated in her statement before the police that she has

                      solemnized marriage with the petitioner. Lastly, it has been

                      submitted that the petitioner is in custody since 14.11.2025,

                      having no criminal antecedent and charge-sheet has been

                      submitted in the case.

                                   5. Learned A.P.P for the State opposes the prayer

                      for bail of the petitioner.

                                   6. Having considered the facts and circumstances

                      of the case and submissions of learned counsel for the

                      parties, let the petitioner 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

                      A.C.J.M.-III, Nalanda,              Biharsharif in connection with

                      Manpur P.S. Case No. 171 of 2025.



                                                   (Khatim Reza, J)
prabhat/-

U       T


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