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Patna High Court

Rohit KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                                          3/3




                        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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