Patna High Court
VIKRAM KUMARversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
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
- Bharatiya Nyaya Sanhita, 2023 — s. 137(2), 87
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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