Patna High Court
Bhavesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court inclined to grant anticipatory bail to the petitioner, subject to conditions, as the allegations did not involve force or sexual assault and the petitioner has a clean antecedent.
Summary
The petitioner, Bhavesh Kumar, was implicated in a kidnapping case (Sections 137(2) and 96 of the Bharatiya Nyaya Sanhita, 2023) based on a written report that his alleged victim, Riya Kumari, had gone missing after attending a fair. The victim later gave a statement under Section 183 of the B.N.S. indicating that she had voluntarily accompanied the petitioner to Murliganj and returned without any allegation of sexual assault. The petitioner, represented by counsel, asserted his innocence, claimed the girl left of her own volition, and highlighted his clean antecedent. The State opposed the anticipatory bail application. Considering the voluntary nature of the victim's departure, lack of assault allegation, and the petitioner's clean record, the Court granted anticipatory bail with standard conditions under Section 438 of the CrPC and Section 482 of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the Code of Criminal Procedure and Section 482 of the Bhartiya Nagarik Suraksha Sanhita in view of the alleged kidnapping charges.
- Whether the victim's statement under Section 183 of the Bharatiya Nyaya Sanhita negates the element of force or assault, thereby affecting the bail decision.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 137(2), 183, 96
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- kidnapping
- consent
- clean antecedent
- Section 137
- Section 96
- Bharatiya Nyaya Sanhita
- Code of Criminal Procedure
- Section 438
- Bhartiya Nagarik Suraksha Sanhita
- Section 482
- Section 183
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11500 of 2026
Arising Out of PS. Case No.-231 Year-2025 Thana- KUMAR KHAND District- Madhepura
======================================================
Bhavesh Kumar S/o Binod Yadav @ Vinod Kumar Yadav R/o Vill- Yadupatti,
P.S.- Kumarkhand, Distt- Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dinesh Prasad Verma, Advocate
For the Opposite Party/s : Mr. Damodar Prasad Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 01-04-2026 Heard the learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Kumarkhand P.S. Case No.231 of 2025, F.I.R
dated 04.10.2025 registered for the offences punishable under
Sections 137(2) and 96 of the Bharatiya Nyaya Sanhita, 2023.
3. According to prosecution case, the informant,
Prabhash Kumar, lodged a written report before the Officer-in-
Charge of Kumarkhand Police Station stating that his daughter,
Riya Kumari, had gone to attend a fair with her friend on
03.10.2025 at about 2:00 PM, but did not return home thereafter.
Despite efforts made by the informant to search for her, she
could not be traced. During the course of such search, the
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informant allegedly came to know that Bhawesh Kumar, along
with one of his friends, had kidnapped his daughter, Riya
Kumari. On the basis of the said written report, a case was
instituted as Murliganj P.S. Case No. 231 of 2025 for the alleged
offences punishable under Sections 137(2) and 96 of the BNS.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and the victim girl is said to have left her
house on her own will and along with this petitioner, had gone
to Murliganj and they stayed there for a day and thereafter, she
returned back along with the petitioner and there is no allegation
of any sexual assault having being made by her during their stay
at Murliganj. The case diary as also the statement of the victim
girl, recorded under Section 183 of the B.N.S.S., was called for
in this case and from the statement so recorded by victim girl,
which support the statement made by this petitioner, while, it is
only admitted to the extent that both of them together /
consensually went to Murliganj and thereafter, they returned
back. Lastly, it has been submitted that the petitioner has clean
antecedent.
5. Learned APP for the State opposes the prayer for
anticipatory bail application.
6. Considering the aforesaid facts and circumstances
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that the victim had gone willingly and without any force in
question and there being no sexual assault being alleged against
the petitioner, as would be evident from the statement recorded
under Section 183 of the B.N.S.S., and the petitioner has clean
antecedent. Accordingly, this Court is inclined to grant the
privilege of anticipatory bail to the petitioner.
7. Let the petitioner, above named, in the event of
his/her arrest or surrender before the Court below within a
period of thirty days from the date of receipt of the order, be
released on bail on furnishing bail bond 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, Madhepura, in
connection with Kumarkhand P.S. Case No.231 of 2025, subject
to the conditions as laid down under Section 438(2) of the Code
of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik
Suraksha Sanhita and with other following conditions:-
(i) one of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide
official document/personal affidavit to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
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cancellation of his/her/their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
sharun/-
U T
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