Mohan Kumar @ Mohan Ram Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Mohan Kumar @ Mohan Ram Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to be released on arrest or surrender before the court below within four weeks, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of learned Additional Chief Judicial Magistrate, Sheohar, in connection with Hiramma Police Station Case No. 53 of 2021, subject to conditions under Section 438(2) CrPC.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner in connection with Hiramma Police Station Case No. 53 of 2021, in which he is accused under Sections 363/366-A/34 of the Indian Penal Code of kidnapping the informant's daughter, aged about 16 years, with intention to marry.

Court's answer

Having regard to the submissions advanced on behalf of the parties and taking into consideration the statement of the informant's daughter recorded under Section 164 of the Code of Criminal Procedure, 1973 (recording her voluntary elopement with the petitioner, their marriage and the birth of a child), the court granted the petitioner the privilege of anticipatory bail.

Ratio / Principle

The application for anticipatory bail was allowed: the petitioner, in the event of arrest or surrender before the court below within four weeks, is to be released on bail on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Additional Chief Judicial Magistrate, Sheohar, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

Detailed headnote1 paragraphs

Anticipatory bail granted — Patna High Court (Anil Kumar Sinha, J.), Criminal Miscellaneous No.25654 of 2025, order dated 07-05-2025. Petitioner Mohan Kumar @ Mohan Ram, accused under Sections 363/366-A/34 IPC in Hiramma Police Station Case No. 53 of 2021 (Sheohar) for allegedly kidnapping the informant's daughter, aged about 16 years, with intention to marry, was granted the privilege of anticipatory bail. The court's decision rested on the submissions of the parties and, decisively, on the informant's daughter's statement recorded under Section 164 CrPC, 1973, in which she stated she voluntarily eloped with the petitioner due to a love affair, solemnized marriage with him and gave birth to a child. Conditions: petitioner to appear/surrender before the court below within four weeks; release on bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Sheohar, subject to Section 438(2) CrPC conditions.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.25654 of 2025

Arising Out of PS. Case No.-53 Year-2021 Thana- HIRAMMA P.S. District- Sheohar

======================================================

Mohan Kumar @ Mohan Ram Son of Vishwanath Ram R/o-Village- Pachda Got, PS-Tariyani, District-Sheohar

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Sunil Prasad Singh For the Opposite Party/s : Mr.Dilip Kumar No. 1 ======================================================

CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

2 07-05-2025 1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Hiramma Police Station Case No. 53 of 2021, dated 21.07.2021, disclosing offences punishable under Sections 363/366-A/34 of the Indian Penal Code.

The prosecution case, as per the First Information Report, is that informant’s daughter, aged about 16 years, used to talk with the petitioner on phone and the petitioner was at visiting terms in the house of the informant. It has been alleged that the petitioner and other co-accused persons kidnapped the daughter of the informant with intention to marry.

Learned Counsel for the petitioner submits that the

Patna High Court CR. MISC. No.25654 of 2025(2) dt.07-05-2025 2/3

petitioner has not committed any offence in the manner alleged and there is love relationship between the petitioner and the daughter of the informant. He next submits that the informant’s daughter was matured enough to take her own decision and she has performed marriage with the petitioner and out of their wedlock, one child has born. The statement of the informant’s daughter was recorded under Section 164 of the Code of Criminal Procedure, 1973, in which she has stated that she voluntarily eloped with the petitioner due to love affair with him and has solemnized marriage and gave birth to a child.

Regards being had to the submissions advanced on behalf of the parties and taking into consideration the statement of the informant’s daughter recorded under Section 164 of the Code of Criminal Procedure, 1973, I am inclined to grant the petitioner privilege of anticipatory bail.

This application is, accordingly, allowed.

Let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties

Patna High Court CR. MISC. No.25654 of 2025(2) dt.07-05-2025 3/3

of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Sheohar, in connection with Hiramma Police Station Case No. 53 of 2021, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J.)

Prabhakar Anand/-

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