Patna High Court
RAUSHAN KUMARversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
Since the victim’s statement under Section 183 of the B.N.S.S. did not allege any offence by the petitioner, anticipatory bail was granted.
Summary
The petitioner, Raushan Kumar, sought anticipatory bail in connection with FIR No. 194 of 2025 alleging an offence under Sections 96 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, wherein he was accused of enticing a girl for marriage. The victim was later recovered and gave a statement under Section 183 of the B.N.S.S., in which she made no allegation against the petitioner. The State opposed bail but acknowledged the victim’s statement. The court noted that the victim’s statement did not implicate the petitioner and that the pending case and prior FIR did not preclude bail. Consequently, the court granted anticipatory bail subject to a bond of Rs.30,000 and conditions under Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail is warranted when the victim’s statement under Section 183 of the B.N.S.S. does not allege any wrongdoing by the accused.
- Whether the existence of a pending criminal case and a prior FIR against the petitioner affect the grant of anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 183, 2(1)(d), 3(5), 482(2), 96
Subjects
- anticipatory bail
- section 183
- victim statement
- criminal antecedent
- Bharatiya Nyaya Sanhita
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15913 of 2026
Arising Out of PS. Case No.-194 Year-2025 Thana- BELDOUR District- Khagaria
======================================================
RAUSHAN KUMAR S/O MANOHAR MAHTO R/o vill - Saraiya, P.S.-
Chautham, Distt.- Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rakesh Mohan Singh, Advocate
For the Opposite Party/s : Mr. Mohammad Sufyan, A.P.P
======================================================
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 is apprehending arrest in connection
with Beldaur P.S. Case No. 194 of 2025 lodged on 01.07.2025,
for the offence punishable under Sections 96 & 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution, FIR has been lodged against
five named accused persons including the present petitioner
alleging that he along with other accused persons have enticed
the informant’s daughter with a view to marry.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
Patna High Court CR. MISC. No.15913 of 2026(2) dt.25-03-2026
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submits that the alleged victim has been recovered and after
recovery, she has narrated her statement before the Magistrate
under section 183 of the B.N.S.S, in which, she has not made
any allegation against anyone. Counsel submits that the
statement under section 183 of the B.N.S.S has been
acknowledged in the rejection order. He submits that the
criminal antecedent of the petitioner is not clean as there is one
case pending against him in which he is on bail. Counsel
submits that with same allegation, another FIR has been lodged
against the petitioner bearing Beldaur P.S. Case No. 253 of
2025.
5. Learned APP for the State opposes the prayer for
bail of the petitioner but fairly submits that in the rejection
order, it has come that the victim’s statement has been recorded
under section 183 of the B.N.S.S, in which she has not made
any allegation against anyone including the petitioner.
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 B.N.S.S., 2023 to the
Patna High Court CR. MISC. No.15913 of 2026(2) dt.25-03-2026
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satisfaction of Chief Judicial Magistrate, Khagaria, in
connection with Beldaur P.S. Case No. 194 of 2025, subject to
the conditions as laid down U/s 482(2) of the B.N.S.S., 2023.
(Dr. Anshuman, J)
Divyansh/-
U T
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