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Patna High Court

Rajan Kumar @ RajanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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