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Patna High Court

Ramakant MahtoversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Bail was denied to the petitioner.

Summary

The petitioner, Ramakant Mahto, sought bail after an FIR was lodged alleging his involvement in the kidnapping of a 22‑year‑old woman, offences punishable under sections 137(2) and 87 of the Bharatiya Nyaya Sanhita, 2023. The victim, once recovered, gave a statement under section 183 of the same Act, expressly implicating the petitioner. The petitioner’s counsel argued that he is innocent, has a clean record and was falsely implicated. The State’s counsel opposed bail, emphasizing the victim’s recorded statement and the seriousness of the alleged offences. After reviewing the victim’s statement and the prosecution’s material, the Court declined to grant bail, rejecting the petitioner's application.

Issues considered

  • Whether bail should be granted to the accused in a kidnapping case under sections 137(2) and 87 of the Bharatiya Nyaya Sanhita, 2023.
  • Whether the victim’s statement recorded under section 183 of the Bharatiya Nyaya Sanhita, 2023, warrants denial of bail.

Legislation cited

Subjects

  • bail
  • kidnapping
  • section 183 statement
  • Bharatiya Nyaya Sanhita
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15432 of 2026
                        Arising Out of PS. Case No.-253 Year-2025 Thana- RIGA District- Sitamarhi
                 ======================================================
                 Ramakant Mahto S/o Late Rajaram Mahto R/o Village-Ganeshpur
                 Babhangama P.S-Riga District-Sitamarhi

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Ranjana Srivastava, Advocate
                 For the Opposite Party/s :        Ms.Pushpa Sinha.1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   25-03-2026                  Heard learned Counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner who apprehends arrest in connection

                   with Riga P.S. Case No. 253 of 2025 lodged on 04.07.2025, for

                   the offences punishable under sections 137(2) and 87 of the

                   Bharatiya Nyaya Sanhita, 2023.

                                3. As per the prosecution, the FIR has been lodged by

                   the informant alleging therein that the petitioner is involved in

                   the kidnapping of his daughter, aged about 22 years.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. The

                   antecedents of the petitioner are clean. It is further submitted

                   that the petitioner has been falsely implicated in the present case

                   and that the alleged victim has already been recovered.
            Patna High Court CR. MISC. No.15432 of 2026(2) dt.25-03-2026
                                                        2/2




                                   5. Learned APP for the State vehemently opposes the

                      prayer for bail and submits that the modus operandi of the

                      petitioner has been duly considered in the rejection order.

                                   6. Upon perusal of the said order, it transpires that the

                      recovered victim has got her statement recorded under Section

                      183 of the BNSS, wherein she has categorically alleged the

                      involvement of the petitioner in her kidnapping.

                                   7. In this background, this Court is not inclined to

                      grant bail to the petitioner. Accordingly, the prayer for bail of

                      the petitioner in connection with the aforementioned case,

                      pending before the learned ACJM-1, Sitamarhi is hereby

                      rejected.



                                                  (Dr. Anshuman, J)
Ashwini/-

U      T


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