Patna High Court
Rohit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court granted bail to the petitioner.
Summary
The petitioner, Rohit Kumar, applied for regular bail in a case alleging abduction of a 16‑year‑old girl under Sections 137(2), 96 and 3(5) of the B.N.S. The prosecution claimed he kidnapped the victim twice, once taking Rs 80,000, and refused to return the money. The petitioner argued he was falsely implicated, that the victim’s statement under Section 183 of the B.N.S.S. shows she left voluntarily, later married him, and that no element of "enticing away" under Section 96 exists; he also noted the charges had not been framed and he has a clean record. The State opposed bail. The court considered the victim’s statement and the lack of a clear case of forcible abduction, and ordered that bail be granted on a bond of Rs 10,000 with two sureties. The application was allowed.
Issues considered
- Whether the petitioner is entitled to regular bail despite allegations of kidnapping and abduction under Sections 137(2), 96 and 3(5) of the B.N.S.
- Whether the facts constitute the offence of "enticing away" under Section 96 of the B.N.S.
- Whether the victim’s statement under Section 183 of the B.N.S.S. negates the criminal intent required for the charges
- Whether bail can be granted when charges have not yet been framed
Legislation cited
Subjects
- bail
- kidnapping
- abduction
- Section 96
- Section 137
- victim statement
- marriage
- age of majority
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14120 of 2026
Arising Out of PS. Case No.-332 Year-2024 Thana- KORHA District- Katihar
======================================================
Rohit Kumar S/o Late Motilal Choudhary Resident of Village - Sikkat Bareta
Rahi Tola, P.S.- Barari, District - Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Md. Musowir, Advocate
For the Opposite Party/s : Mr. Navin Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
4 20-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Korha P.S. Case No. 332
of 2024 registered for the offences punishable under Sections
137(2), 96 and 3(5) of the B.N.S.
3. As per the prosecution case, the petitioner is
alleged to have abducted the informant’s daughter (the victim),
aged about 16 years. Due to social pressure, she returned,
however, on 07.11.2025, when the victim had gone to a grocery
shop, the petitioner with the help of four other person again
abducted her and the victim was carrying a cash amount of Rs.
80,000/-. When the informant reached the petitioner’s house, the
petitioner neither allowed her to speak with the victim nor
Patna High Court CR. MISC. No.14120 of 2026(4) dt.20-04-2026
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returned the money, instead, he pushed the informant out of the
house.
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in
this case. It has been further submitted that the statement of the
victim recorded under Section 183 of the BNSS, which was
called for by the order dated 12.03.2026 indicates that the victim
left her house on her own and thereafter joined the company of
the petitioner of her own free will, and ultimately both
solemnized their marriage. She has categorically stated that the
petitioner did not misbehave with her in any manner and did not
take her forcibly. It has also been submitted that there was no
element of “enticing away” or “taking away” so as to constitute
an offences under Section 96 of the BNS. Moreover, the victim
girl is on the verge of attaining majority and she was not of such
tender age so as to not understand the consequences of her
action. It has been submitted at the bar that the charges have not
been framed. Lastly, it has been submitted that the petitioner has
clean criminal antecedent and is in custody since 09.12.2024.
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioner.
6. Considering the aforesaid submissions of the
Patna High Court CR. MISC. No.14120 of 2026(4) dt.20-04-2026
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parties and particularly the statement of the victim recorded
under Section 183 of the B.N.S.S., let the petitioner above-
named, be enlarged on bail on furnishing bail-bonds of Rs.
10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned Court concerned,
Katihar, in connection with Korha P.S. Case No. 332 of 2024.
7. The application stands allowed.
(Praveen Kumar, J)
Jyoti/-
U T
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