Patna High Court
Krishna Kumar @ Krishna Kumar RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The Court granted pre‑arrest bail to the petitioner subject to a bond, sureties and conditions under Sections 438(2) Cr.P.C and 482(2) BNSS.
Summary
The petitioner, Krishna Kumar, applied for pre‑arrest bail in a kidnapping case (PS‑750/2025) alleging the kidnapping of a minor under Sections 137(2) and 96 of the BNS. The victim’s statement under Section 183 BNSS did not support the prosecution’s claim and instead indicated she had married the petitioner. The petitioner claimed innocence and a clean antecedent, while the State opposed bail. The Court, after reviewing the FIR and the victim’s statement, directed that the petitioner be released on pre‑arrest bail upon furnishing a Rs.10,000 bond with two sureties, subject to conditions under Section 438(2) Cr.P.C and Section 482(2) BNSS and the requirement to hand over the minor to her parents if she is a minor. The District Court was also instructed to verify any other criminal antecedent of the petitioner, which could nullify the order. The bail application was disposed of with the grant of bail.
Issues considered
- Whether pre‑arrest bail can be granted in a kidnapping case under Sections 137(2) and 96 BNS when the victim’s statement does not corroborate the allegation.
- Whether the conditions prescribed under Section 438(2) Cr.P.C and Section 482(2) BNSS are satisfied for granting bail.
- Whether the petitioner’s alleged clean antecedent warrants the release on bail.
Legislation cited
Subjects
- pre‑arrest bail
- kidnapping
- minor
- marriage pretext
- Section 438 Cr.P.C
- Section 482 BNS
- victim statement
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12406 of 2026
Arising Out of PS. Case No.-750 Year-2025 Thana- HAJIPUR SADAR District- Vaishali
======================================================
Krishna Kumar @ Krishna Kumar Rai Son of Amarnath Ray Resident of
village - Sahariya, P.S.- Sahdei Buzurg, District - Vaishali.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Rambhag Rai S/O-Bhola Rai, R/O- vill-Chakunda @ Milki, P.S- Hajipur
Sadar, Dist- Vaishali
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajeev Ranjan, Advocate.
For the Opposite Party/s : Mr.Jagdhar Prasad, APP.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
4 22-04-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Hajipur Sadar P.S. Case No. 750 of 2025 registered for the
offence punishable under Sections 137(2) and 96 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 the petitioner is innocent and he has
falsely been implicated in the case. The victim in her statement
recorded under Section 183 BNSS has not supported the
prosecution story. The petitioner has clean antecedent.
5. Learned APP for the State has vehemently opposed
the prayer for grant of pre-arrest bail to the petitioner.
6. Having heard the rival submissions made on behalf
Patna High Court CR. MISC. No.12406 of 2026(4) dt.22-04-2026
2/2
of the parties, as well as, having perused the allegation made in
the F.I.R., and the fact that the victim in her statement recorded
under Section 183 BNSS has not supported the allegation
against the petitioner rather she has admitted that she has
solemnized marriage with the petitioner Krishna Kumar, the
petitioner, above named, is directed to be released on pre-arrest
bail, in the event of his arrest or surrender before the Court
below within a period of four 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 Hajipur Sadar P.S.
Case No. 750 of 2025, subject to the condition as laid down
under Section 438(2) Cr.P.C / 482(2) BNSS and further
condition that if the victim is found to be minor, she must be
handed over to her parents.
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
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