Patna High Court
Ramakant MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
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
- Bharatiya Nyaya Sanhita, 2023 — s. 137(2), 183, 87
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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