Ajay Kumar @ Gandhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27730 of 2026 Arising Out of PS. Case No.-64 Year-2024 Thana- BHAPTIAHI District- Supaul ====================================================== Ajay Kumar @ Gandhi Son of Ramanand Yadav R/o Village- Saraigarh, Ward no. 11, P.O. - Bhapatyahi, P.S.- Bhapatyahi, Dist. - Supaul, Bihar, 852105. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

XXX W/O YYY R/o Village - Chikani , Ward no. 08, P.S. - Bhapatyahi, Dist. - Supaul, Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kuldeep Kumar For the Opposite Party/s :

Mr. Nirmal Kumar Sinha For the Informant :

Mr. Prashant Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 11-05-2026 Heard the learned counsel for the petitioner, the learned APP for the State and the learned counsel for the informant.

2. The petitioner seeks regular bail in connection with Bhaptiyahi P.S. Case No. 64 of 2024 registered for the offence under Section(s) 366(A) and 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner is accused of kidnapping the victim girl.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has not committed any offence. It is submitted that the petitioner is in custody since 28.11.2025 and has clean antecedent. Learned counsel further submits that the

Patna High Court CR. MISC. No.27730 of 2026(2) dt.11-05-2026 2/3 petitioner and the victim were in a consensual relationship and have subsequently solemnized their marriage. It is also submitted that a child has been born out of the said wedlock.

5. Learned A.P.P. for the State as well as learned counsel for the informant do not dispute the aforesaid submissions made on behalf of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, the statements of the victim recorded under Sections 161 and 164 of the Cr.P.C., wherein she has not supported the prosecution case and the period of custody of the petitioner, this application for regular bail is allowed.

7. Accordingly, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Bhaptiyahi P.S. Case No. 64 of 2024 subject to conditions that:- (i). The petitioner shall appear in the trial regularly either personally or through his lawyer and shall cooperate in the trial and non-cooperation in the trial shall result in cancellation of the bail bond of the petitioner.

8. It is made clear that any observation made herein is prima facie in nature and limited solely for the purpose of

Patna High Court CR. MISC. No.27730 of 2026(2) dt.11-05-2026 3/3 adjudication of the present bail application. Such observations shall not be construed as an expression on the merits of the case and shall not influence the trial or any other proceedings in any manner.

(Sandeep Kumar, J) Shishir/- U