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Patna High Court

Pawan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court allowed the petitioners’ application for anticipatory bail, subject to the conditions specified under Section 438(2) CrPC and Section 482(2) B.N.S.S.

Summary

The petitioners – Pawan Kumar, Raviranjan Kumar and Babita Devi – sought anticipatory bail fearing arrest in a kidnapping case (Bagengola PS Case No. 98 of 2022) alleged under IPC sections 363 and 366(a). The prosecution alleged that Pawan Kumar, with family assistance, enticed the informant’s 17‑year‑old granddaughter for marriage and kidnapped her. The petitioners contended that the victim voluntarily married Pawan Kumar, as reflected in her statement under Section 183 of the Bharatiya Nagarik Suraksha Sanhita (B.N.S.S.) and an order of the Judicial Magistrate confirming her residence at her matrimonial home, and asserted they had no criminal antecedents. The State opposed the bail, arguing the seriousness of the offences. The High Court, applying Section 438(2) of the CrPC and Section 482(2) of the B.N.S.S., granted anticipatory bail subject to stringent conditions, including verification of the victim’s testimony and the petitioners’ presence at trial. The order emphasized that its observations would not affect the trial and the application was allowed.

Issues considered

  • Whether anticipatory bail should be granted to the accused in a kidnapping case under IPC sections 363 and 366(a).
  • Whether the victim’s voluntary marriage and statement under Section 183 B.N.S.S. negate the alleged kidnapping.
  • Whether the conditions imposed under Section 438 CrPC and Section 482 B.N.S.S. are sufficient to justify bail.

Legislation cited

Subjects

  • anticipatory bail
  • kidnapping
  • IPC 363
  • IPC 366(a)
  • CrPC Section 438
  • B.N.S.S. Section 482
  • B.N.S.S. Section 183
  • marriage consent
  • bail conditions
  • high court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13550 of 2026

                      Arising Out of PS. Case No.-98 Year-2022 Thana- BAGENGOLA District- Buxar
                 ======================================================
           1.    Pawan Kumar S/O Munna Mahto Resident of Village- Dharauli, Police
                 Station- Bagengola, District- Buxar.
           2.    Raviranjan Kumar S/O Munna Mahto Resident of Village- Dharauli, Police
                 Station- Bagengola, District- Buxar.
           3.    Babita Devi W/O Munna Mahto Resident of Village- Dharauli, Police
                 Station- Bagengola, District- Buxar.


                                                                                 ... ... Petitioner/s
                                                       Versus
                 The State of Bihar


                                                                            ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rajiv Ranjan Kr. Pandey, Adv.
                 For the Opposite Party/s :       Mr. Ganesh Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                                  ORAL ORDER


2   26-02-2026                   Heard the learned counsel for the petitioners and the

                   learned A.P.P. for the State.

                                 2. The petitioners are apprehending their arrest in

                   connection with Bagengola P.S. Case No. 98 of 2022 registered

                   for the offence(s) under Section(s) 363 and 366(a) of the Indian

                   Penal Code.

                                 3. The prosecution case is to the effect that on
Patna High Court CR. MISC. No.13550 of 2026(2) dt.26-02-2026
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          25.09.2022, the grand-daughter of the informant, aged around

          17 years, was missing.                  It has been alleged that the

          accused/Pawan Kumar (petitioner No. 1), with the help of all his

          family members with an intention of marriage, had enticed away

          the grand-daughter of the informant.

                       4. The learned counsel for the petitioners submits that

          they have falsely been implicated in this case and, in fact, the

          victim had gone out of her own sweet will and such fact finds

          support from her statement made under Section 183 of the

          B.N.S.S., wherein she has stated that she had also married the

          petitioner No. 1, namely, Pawan Kumar. It has been submitted

          that the victim, thereafter, was sent along with the father-in-law

          to her matrimonial home, which fact is also evident by order

          dated 09.09.2025 passed by the learned Judicial Magistrate-Ist

          Class, Buxar. It has, thus, been submitted that the petitioners

          have not committed any offence, especially petitioner Nos. 2

          and 3 had no concern whatsoever with the said occurrence of

          kidnapping of the victim girl. It has lastly been submitted that

          the petitioners have clean antecedents.

                       5. The learned A.P.P. for the State has vehemently

          opposed the prayer for grant of anticipatory bail to the

          petitioners.
Patna High Court CR. MISC. No.13550 of 2026(2) dt.26-02-2026
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                       6. Considering the facts and circumstances of the case

          and the submissions advanced on behalf of the parties, let the

          petitioners, above-named, be released on anticipatory bail, in the

          event of their arrest or surrender before the concerned

          Court/successor Court within a period of four weeks from today,

          on their furnishing bail bonds in the sum of Rs. 10,000/-

          (Rupees Ten Thousand) each with two sureties of the like

          amount       each      to    the     satisfaction     of    the     concerned

          Court/successor Court where the case is pending in connection

          with Bagengola P.S. Case No. 98 of 2022, subject to the

          conditions as laid down under Section 438(2) of the Code of

          Criminal Procedure, 1973 read with corresponding Section

          482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023

          (B.N.S.S.) as well as subject to the following conditions :

                                 (i) The victim and the informant shall be heard
                            personally by the learned Court below prior to accepting
                            the bail bonds of the petitioners and only if the factum of
                            marriage with petitioner and victim staying at her
                            matrimonial house is accepted by victim, the bail bonds
                            shall be accepted.
                                 (ii) One of the bailors of the petitioners shall be their
                            close relative and the other shall be a local resident.
                                 (iii) The petitioners shall remain physically present
                            before the concerned Court on each and every date of the
                            trial and shall cooperate in the investigation.
                                 (iv) In case of absence for two consecutive occasions
                            or in violation of the terms of the bail, the bail bonds of
            Patna High Court CR. MISC. No.13550 of 2026(2) dt.26-02-2026
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                                        the petitioners will be liable to be cancelled by the
                                        concerned Court.
                                             (v) The concerned Court shall verify the criminal
                                        antecedents of the petitioners and in case, at any stage, it is
                                        found that they have concealed their criminal antecedents,
                                        the Court concerned shall take necessary steps for
                                        cancellation of their bail bonds. However, the acceptance
                                        of bail bonds in terms of the above-mentioned order shall
                                        not be delayed for purpose of or in the name of
                                        verification.


                                   7. It is made clear that the observations, if any, made

                      in this order, shall be of no bearing during the trial.

                                   8. The application stands allowed.



                                               (Sourendra Pandey, J)
Praveen-II/-

U       T


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