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Patna High Court

Rohit KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court denied bail, holding that the allegations and the victim’s statements warranted the continuation of custody.

Summary

The petitioner, Rohit Kumar, applied for regular bail under section 87 of the Bhartiya Nyaya Sanhita, 2023, in connection with a kidnapping case involving a 12‑year‑old girl. The prosecution alleged that the girl was abducted for marriage and that the petitioner’s mobile number was found in the FIR, linking him to the crime. The petitioner contended that he was falsely implicated due to a neighbour dispute and pointed out inconsistencies in the victim’s statements recorded under sections 180 and 183 of the B.N.S.S., where she claimed she left home because of her mother’s ill‑treatment and later said she married a co‑accused, Rahul Raj, not the petitioner. The State opposed bail, relying on the victim’s statement under section 183 that she was kidnapped by the petitioner and the co‑accused. The court examined the FIR allegations, the victim’s statements, and the petitioner’s lack of prior criminal record. Considering the seriousness of the allegations and the victim’s testimony, the court was not persuaded to grant bail. Consequently, the bail application was rejected.

Issues considered

  • Whether regular bail should be granted to the petitioner under section 87 of the Bhartiya Nyaya Sanhita, 2023 in view of the victim’s statements under sections 180 and 183.

Legislation cited

Subjects

  • regular bail
  • kidnapping
  • minor victim
  • false implication
  • Bhartiya Nyaya Sanhita
  • section 87
  • section 180
  • section 183
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13010 of 2026
                       Arising Out of PS. Case No.-213 Year-2025 Thana- TARAPUR District- Munger
                 ======================================================
                 Rohit Kumar S/o Upendra Poddar R/o village- Fajeliganj, P.S.- Tarapur,
                 District- Munger

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    XXX S/o - YYY Permanent R/o vill - Teldiha, P.S.- Shambhuganj, Distt.-
                 Banka, and at present R/o Kushwaha Colony, Renter in the house of
                 Narmada Singh, P.S- Tarapur, Distt.- Munger

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ravish Mishra, Advocate
                                                  Ms. Keertika Sakshi, Advocate
                 For the Opposite Party/s :       Mr. Narsingh Tanti, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   12-03-2026                   1. Heard learned counsel for the parties.

                                 2. The petitioner has preferred this application for

                   grant of regular bail in connection with Tarapur P.S. Case

                   no.213 of 2025, registered under section 87 of the Bhartiya

                   Nyaya Sanhita, 2023.

                                 3. As per the prosecution case, the informant states

                   that his younger daughter, who is aged about 12 years, a student

                   of Class-IV, was not to be found inspite of search. It is further

                   stated that she was in touch with one person whose mobile

                   number is mentioned in the FIR and the said mobile number

                   belongs to the petitioner herein. The informant states that he is

                   convinced that his minor daughter has been kidnapped for the
Patna High Court CR. MISC. No.13010 of 2026(2) dt.12-03-2026
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          purpose of marriage.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has been falsely implicated in the

          case. The petitioner and the informant are neighbours and there

          is dispute over passage between them which has led to the false

          implication. The victim girl was recovered and her statement

          was recorded both under sections 180 and 183 of the B.N.S.S. It

          is stated that besides there being variance in her two statements,

          in her statement under section 180 of the B.N.S.S., she has

          stated that she left her house due to the ill treatment of her

          mother. Even accepting the statement under section 183 of the

          BNSS, she has stated that she married the co-accused Rahul Raj

          and not the petitioner herein. The petitioner is in custody since

          11.11.2025 and has no criminal antecedent. He undertakes to

          cooperate in the investigation/trial.

                       5. The application for bail is opposed by learned APP

          for the State who submits that the minor victim, who is said to

          be aged about 12 years, in her statement under section 183

          B.N.S.S has supported the prosecution case about being

          kidnapped by the petitioner and the co-accused Rahul Raj.

                       6. Having heard learned counsel for the parties and

          taking into consideration the allegations in the F.I.R together
             Patna High Court CR. MISC. No.13010 of 2026(2) dt.12-03-2026
                                                         3/3




                       with the contents of the statement of the 12 year old victim

                       under section 183 B.N.S.S wherein she states about being

                       kidnapped by the accused persons including the petitioner

                       herein, the Court is not inclined to enlarge the petitioner on bail

                       and the application is rejected.



                                                   (Partha Sarthy, J)
Shiv/-

U        T


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