Allowed¶22

Prakash Kumar @ Om Prakash Kumar v. The State of Bihar

Patna HC18 Apr 2026CR. MISC./89583/2025

Case brief

AI extract

What is this about?

Regular bail — Section 366(A) IPC — enticement/kidnapping of minor girl for marriage — victim's statement under Section 183 BNSS indicating voluntary companionship — custody since 03.11.2025 — charge sheet filed — no evidence-tampering allegation — one dissimilar criminal antecedent, on bail therein — bail-bond Rs. 10,000 with two like sureties — Patna High Court, Criminal Miscellaneous No.89583 of 2025, decided 18-04-2026, Praveen Kumar, J. — Sikandrapur P.S. Case No. 22 of 2024, District Muzaffarpur.

What did the court decide?

Regular bail granted: petitioner to be enlarged on furnishing bail-bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Court concerned, Muzaffarpur, in connection with Sikandrapur P.S. Case No. 22 of 2024. ¶22

Prakash Kumar @ Om Prakash Kumar Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner is entitled to regular bail in connection with Sikandrapur P.S. Case No. 22 of 2024 registered for the offences punishable under Sections 366(A) IPC.

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Court's answer

The Court granted bail considering the submissions of the parties and particularly the statement of the victim recorded under Section 183 of the BNSS.

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Ratio / Principle

The petitioner was enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court concerned, Muzaffarpur, in connection with Sikandrapur P.S. Case No. 22 of 2024, and the application stands allowed.

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Detailed headnote1 paragraphs

Patna High Court (Praveen Kumar, J.) allowed a regular-bail application under Sections 366(A) IPC arising from Sikandrapur P.S. Case No. 22 of 2024 (Muzaffarpur), where the petitioner was alleged to have enticed away the informant's minor daughter for the purpose of marriage on 03.04.2024. Considering the parties' submissions and particularly the victim's statement recorded under Section 183 of the BNSS (called for by order dated 19.01.2026), which according to the defence showed that she joined the petitioner of her own free will, and noting that the petitioner was in custody since 03.11.2025, that the charge sheet stood submitted, and that there was no allegation of tampering with evidence, the Court enlarged the petitioner on bail on furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court concerned, Muzaffarpur. The petitioner had one criminal antecedent of a dissimilar nature and was on bail in that case.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.89583 of 2025

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Arising Out of PS. Case No.-22 Year-2024 Thana- Sikandarpur District- Muzaffarpur

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

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Prakash Kumar @ Om Prakash Kumar S/o Jay Mangal Prasad Resident of village- ward no 9, Madhahga, P.S.- Rajepur, Distt.- East Champaran

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... ... Petitioner/s

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Versus

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The State of Bihar

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XX W/o Bhola Raut R/o vill - Sikandrapur, ward no. 13, P.s.- Sikandrapur, Distt.- Muzaffarpur

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Abhishek Kumar, Advocate For the Opposite Party/s : Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER

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5 18-04-2026 Heard learned counsel for the petitioner and learned

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APP for the State.

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2 . The petitioner has preferred this application for grant of regular bail in connection with Sikandrapur P.S. Case No. 22 of 2024 registered for the offences punishable under Sections 366(A) of the Indian Penal Code.

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3 . As per the prosecution case, on 03.04.2024 at about 4:00 A.M., the daughter of the informant/victim left her house to go to her aunt’s house but did not return. Thereafter, a hectic search was conducted, but no trace of her was found. It has been alleged that, in the course of the search, it came to light that one Prakash Kumar (petitioner), who used to reside near the house

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Patna High Court CR. MISC. No.89583 of 2025(5) dt.18-04-2026 2/3

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of the informant, had enticed away the minor daughter of the informant for the purpose of marriage.

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4 . Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It has been further submitted that the statement of the victim recorded under Section 183 of the BNSS which was called for by order dated 19.01.2026 indicates that the victim joined the company of the petitioner out of her own free will, and there was no element of “enticing away” or “taking away” so as to constitute an offences under Section 366(A) of the IPC. Moreover, the victim is on the verge of attaining majority and she was not of such tender age so as to not understand the consequences of her action. The petitioner is in custody since 03.11.2025 and charge sheet has been submitted and there is no allegation of tampering with evidence. Lastly, it has been submitted that though the petitioner has one criminal antecedent but not of similar nature of offence and he is on bail in that case.

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5 . Learned APP for the State has vehemently opposed the prayer for bail of the petitioner.

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6. Considering the aforesaid submissions of the parties and particularly the statement of the victim recorded under Section 183 of the B.N.S.S., let the petitioner above-

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Patna High Court CR. MISC. No.89583 of 2025(5) dt.18-04-2026 3/3

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named, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Muzaffarpur, in connection with Sikandrapur P.S. Case No. 22 of 2024.

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7. The application stands allowed.

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(Praveen Kumar, J)

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Jyoti/-

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U T

Prakash Kumar @ Om Prakash Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Prakash Kumar @ Om Prakash Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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