Patna High Court
Pawan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 183, 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 363, 366(a)
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
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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.
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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
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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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