Patna High Court
Mithlesh Kumar @ Mithilesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The Court granted pre‑arrest bail to the petitioner, subject to bond and surety conditions, finding the allegations unsubstantiated.
Summary
The petitioner, Mithlesh Kumar, was arrested in connection with a kidnapping allegation under Sections 137(2), 96 and 3(5) of the Bihar Negotiable Sale Act (BNSS). The informant, the victim's mother, claimed the petitioner abducted her minor daughter for marriage, but the victim’s statement under Section 183 BNSS indicated a consensual love relationship and denied any kidnapping. The informant had previously lodged three cases against the petitioner, which the petitioner argued showed a pattern of false accusations. The Court examined the FIR, the victim’s statement, and the prior complaints, finding no specific or substantiated allegation against the petitioner. Consequently, the Court granted pre‑arrest bail subject to a Rs.10,000 bond with two sureties and conditions under Section 438(2) Cr.P.C./Section 482(2) BNSS, and directed the District Court to verify any other criminal antecedents, after which the bail order would lapse if such antecedents were found.
Issues considered
- Whether pre‑arrest bail should be granted in a kidnapping case where the victim’s statement contradicts the prosecution’s claim.
- Whether prior complaints filed by the informant affect the grant of bail.
- Applicability of Section 438(2) Cr.P.C. and Section 482(2) BNSS in granting bail.
Legislation cited
- Criminal Procedure Code (Cr.P.C.) — s. 438(2)
Subjects
- pre‑arrest bail
- kidnapping
- victim statement
- Section 438 CrPC
- Section 482 BNSS
- criminal antecedent
- love relationship
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11985 of 2026
Arising Out of PS. Case No.-69 Year-2025 Thana- RUNISAIDPUR District- Sitamarhi
======================================================
Mithlesh Kumar @ Mithilesh Kumar S/o Hari Prasad Rai @ Bikau Baitha @
Bikau Rai R/o Village - Bahilwara @ Gadha, P.S - Runnisaidpur, Present P.S -
Gadha, District - Sitamarhi
... ... Petitioner/s
Versus
1. The State of Bihar
2. XX W/o- YY R/o- Godha Ward No. - 10 P.S. - Gadha, District - Sitamarhi.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vikash Kumar Jha, Advocate.
For the Informant : Mr. Devendra Kumar, Advocate.
For the State : Mr. Aditya Narayan Singh, APP.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
3 27-04-2026 Heard learned counsel appearing on behalf of the
petitioner, learned counsel for the informant and learned APP
for the State.
2. The petitioner seeks pre-arrest bail in connection
with Runnisaidpur P.S. Case No. 69 of 2025 registered for the
offence punishable under Sections 137(2), 96 and 3(5) of the
BNS.
3. Allegation is of kidnapping the minor daughter of
the informant on the pretext of marriage.
4. Learned counsel appearing on behalf of the
petitioner submitted that, for similar allegation, the informant,
who is the mother of the victim, had earlier lodged three cases
Patna High Court CR. MISC. No.11985 of 2026(3) dt.27-04-2026
2/3
prior to lodging of the present F.I.R. It is further submitted that
the petitioner claims that the daughter of the informant was in a
love relationship with him and that both belong to the same
village. Learned counsel also contends that the victim, in her
statement recorded under Section 183 of the BNSS, has not
supported the prosecution case.
5. Learned counsel appearing on behalf of the
informant and learned APP for the State have vehemently
opposed the prayer for grant of pre-arrest bail to the petitioner.
6. Having heard the rival submissions made on behalf
of the parties and upon perusal of the allegations made in the
F.I.R., it appears that the informant had, on earlier occasions,
also lodged three cases against the petitioner, prior to the present
F.I.R., the details whereof have been furnished in paragraph 3 of
the bail application. It further transpires that the statement of the
victim, recorded under Section 183 BNSS in connection with
the present case and contained in paragraph 32 of the case diary,
does not support the prosecution story; rather, the victim has
stated that she was in a love relationship with the petitioner and
that the petitioner had not kidnapped her. In absence of any
specific or substantiated allegation against the petitioner, the
petitioner, above named, is directed to be released on pre-arrest
Patna High Court CR. MISC. No.11985 of 2026(3) dt.27-04-2026
3/3
bail in the event of his arrest or surrender before the Court
below within a period of eight weeks from today, on furnishing
bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the
like amount each to the satisfaction of the learned District Court
where the case is pending in connection with Runnisaidpur P.S.
Case No. 69 of 2025, subject to the condition as laid down
under Section 438(2) Cr.P.C / 482(2) BNSS.
7. The District Court is directed to verify the criminal
antecedent of the petitioner and if it is found that the petitioner
is involved in some other cases as what has been stated in Para-
3 of the bail petition, this order will automatically lose its force.
8. The bail application stands disposed of.
(Purnendu Singh, J)
mantreshwar/-
U T
Checking your session…