Patna High Court
Rajan Kumar @ RajanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The Court granted anticipatory bail to the petitioner, subject to a bond and conditions, as the kidnapping allegation had collapsed.
Summary
The petitioner, Rajan Kumar, was accused in a police case of abducting a minor girl under Sections 137(2), 87 and 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Sections 4 and 6 of the POCSO Act. The prosecution alleged kidnapping, but the alleged victim, in a statement under Section 183 of the B.N.S., affirmed that she had travelled to Delhi with the petitioner voluntarily and with her consent, thereby collapsing the kidnapping allegation. The petitioner, represented by counsel, pleaded innocence, a clean record, and willingness to comply with any conditions. The State opposed bail but conceded that the victim’s statement undermined the kidnapping charge. The Court, after considering the statements and the lack of substantive evidence, granted anticipatory bail subject to a bond of Rs.30,000 and conditions under Section 482(2) of the B.N.S., 2023. The order directs the petitioner to surrender within four weeks if arrested, and to comply with the stipulated conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the victim's consensual statement.
- Whether the allegations of kidnapping under Sections 137(2), 87 and 3(5) of the B.N.S. stand after the victim’s statement under Section 183.
- Whether the conditions prescribed under Section 2(1)(d) and Section 482(2) of the B.N.S., 2023 are appropriate for anticipatory bail.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 137(2), 183, 2(1)(d), 3(5), 482(2), 87
- Protection of Children from Sexual Offences Act, 2012 — s. 4, 6
Subjects
- anticipatory bail
- kidnapping
- consent
- POCSO Act
- Bhartiya Nyaya Sanhita
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15779 of 2026
Arising Out of PS. Case No.-283 Year-2025 Thana- MAIRWAN District- Siwan
======================================================
Rajan Kumar @ Rajan Son of Late Chhathu Sah Resident of Village-
Majhauli Road Kumhar Tola P.S.- Mairawa, Dist- Siwan
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXX Daughter of YYY Resident of Village- Kumhari Tola P.S.- Mairawa,
Dist- Siwan
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Uday Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioner and learned
counsel for the State.
2. The petitioner is apprehending arrest in connection
with Mairawa P.S. Case No. 283 of 2025, dated 01.07.2025,
lodged under Sections 137(2), 87 & 3(5) of the Bhartiya Nyaya
Sanhita, 2023 (hereinafter referred to as “BNS, 2023”)and under
Sections 4/6 of the POCSO Act.
3. As per the prosecution case, it is alleged that the
petitioner abducted the informant’s daughter.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. He further
submits that the petitioner has a clean criminal antecedent. He
further submits that, from the rejection order, it becomes crystal
Patna High Court CR. MISC. No.15779 of 2026(2) dt.25-03-2026
2/2
clear that the alleged victim has been recovered and, in her
statement under Section 183 of the B.N.S., she has categorically
stated that she had gone to Delhi with the petitioner with her
consent. He further submits that the petitioner is ready to abide
by any condition that may be imposed upon him.
5. Learned APP for the State opposes the prayer for
bail of the petitioner, but fairly submits that, from the statement
under Section 183 of the B.N.S., the allegation of
kidnapping/abduction has collapsed
6. As such, in the present facts and circumstances of
this case, let the above named petitioner be released on
anticipatory bail, in the event of arrest or surrender before the
Trial Court within a period of 4 weeks from today, on furnishing
bail bond of Rs.30,000/- (Rupees Thirty Thousand) as
mentioned in Section 2(1)(d) of the BNSS, 2023 to the
satisfaction of A.D.J. VI, Siwan, in connection with Mairawa
P.S. Case No. 283 of 2025, subject to the conditions as laid
down U/s 482(2) of the BNSS, 2023.
(Dr. Anshuman, J.)
Aman Kumar/-
U T
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