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Patna High Court

Rajan Sah @ Ranjan SahuversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioner subject to conditions under Section 482(2) of the B.N.S.S.

Summary

Petitioner Rajan Sah sought anticipatory bail in a case registered under Sections 137, 96 and 3(5) of the B.N.S., alleging that he had kidnapped the minor granddaughter of an informant on 23.05.2025. The victim later gave a statement under Section 183 of the B.N.S.S., denying any kidnapping and stating that she was in love with the petitioner and had voluntarily married him, with the trial court having assessed her age as 18 years. The petitioner asserted his innocence and clean antecedents, while the State opposed the bail. The court, considering the victim’s statement and the petitioner’s clean record, allowed the anticipatory bail with a bail bond of Rs.10,000 and two sureties, subject to conditions under Section 482(2) of the B.N.S.S. The order permits bail if the petitioner is arrested or surrenders within eight weeks.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in view of the victim’s statement under Section 183 and the petitioner’s clean antecedents.

Legislation cited

Subjects

  • anticipatory bail
  • kidnapping
  • victim statement
  • clean antecedents
  • Section 183
  • Section 482
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.1539 of 2026

                   Arising Out of PS. Case No.-147 Year-2025 Thana- KUSHESHWARASTHAN District-
                                                        Darbhanga
                 ======================================================
                 Rajan Sah @ Ranjan Sahu Son of Bhageshwar Sahu Village- Ithar, P.S.-
                 Kusheshwar ASthan, District- Darbhanga

                                                                              ... ... Petitioner/s
                                                     Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner     :       Mr. Prabhat Kumar Singh, Advocate
                 For the State          :       Mr. Surendra Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   06-04-2026                  Heard learned counsel appearing on behalf of the

                   petitioner and learned APP appearing on behalf of the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Sections 137, 96 and

                   3(5) of the B.N.S..

                                3. As per prosecution case, it is alleged that on

                   23.05.2025, this petitioner, with the help of other F.I.R. named

                   accused persons, kidnapped minor granddaughter of informant.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that petitioner is quite innocent and has

                   committed no offence. Allegations levelled against this
Patna High Court CR. MISC. No.1539 of 2026(3) dt.06-04-2026
                                            2/3




          petitioner are false and concocted. During investigation, the

          victim returned and in her statement recorded under Section 183

          of the B.N.S.S., she denied the factum of kidnapping and has

          categorically stated that she was in love with this petitioner for

          the last three years and out of her own sweet will, had gone with

          this petitioner and both of them had solemnized marriage. The

          learned trial court has assessed the age of victim as 18 years.

          Petitioner claims clean antecedents.

                        5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of anticipatory bail to the

          petitioner.

                        6. Considering the facts and circumstances of the

          case, statement of the victim recorded under Sections 183 of the

          B.N.S.S. and clean antecedents of the petitioner, the prayer for

          grant of anticipatory bail to the petitioner is allowed.

                        7. Accordingly, in the event of arrest/surrender within

          a period of eight weeks from today, let the above named

          petitioner be enlarged on bail on furnishing bail-bond of Rs.

          10,000/- (ten thousand) with two sureties of the like amount

          each to the satisfaction of learned S.D.J.M., Biraul, Darbhanga

          in connection with Kusheshwar Asthan P.S. Case No. 147 of

          2025, subject to condition as laid down under Section 482(2) of
             Patna High Court CR. MISC. No.1539 of 2026(3) dt.06-04-2026
                                                         3/3




                       the B.N.S.S..



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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