Created by Fuzzy Cloud

Patna High Court

Sandeep Kumar Patel @ Sandeep KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioner.

Summary

The petitioner, Sandeep Kumar Patel, sought anticipatory bail in a case registered under Sections 137(2) and 96 of the B.N.S., alleging that he was accused of kidnapping a minor girl for marriage on 5 January 2025. The prosecution’s case was based on a FIR lodged seven days after the alleged incident. The victim later gave a statement under Section 183 of the B.N.S.S., asserting she was a major, denied any kidnapping, and said she left home of her own volition. The petitioner argued that the delay in filing the FIR and his clean antecedents made the prosecution case doubtful. The court, after considering the victim’s statement and the petitioner’s clean record, granted anticipatory bail subject to a bail bond and sureties, with conditions under Section 482(2) of the B.N.S.S.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in a case under Sections 137(2) and 96 of the B.N.S. given the victim’s statement and delay in filing the FIR
  • Whether the victim’s statement under Section 183 of the B.N.S.S. creates reasonable doubt about the alleged kidnapping

Legislation cited

  • B.N.S. — s. 137(2), 183, 482(2), 96

Subjects

  • anticipatory bail
  • kidnapping
  • delay in FIR
  • victim statement
  • clean antecedents
  • Section 137(2)
  • Section 96
  • Section 183
  • Section 482(2)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18092 of 2026
                  Arising Out of PS. Case No.-19 Year-2025 Thana- JOGAPATTI District- West Champaran
                 ======================================================
                 Sandeep Kumar Patel @ Sandeep Kumar Son of Bhikhari Patel R/o Village -
                 Machhargawa, P.S. - Yogapatti, Dist. - West Champaran.

                                                                                  ... ... Petitioner/s
                                                       Versus

           1.    The State of Bihar
           2.    X Son of Y R/o Village - Kudiya, Rampurwa, P.S. - Yogapatti, Dist. - West
                 Champaran.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :        Mr. Bimlesh Kumar Pandey, Advocate
                 For the State           :        Mr. Sunil Kumar Pandey, APP
                 For the Informant       :        Mr. Vikash Kumar Shukla, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   01-04-2026                  Heard learned counsel appearing on behalf of the

                   petitioner, learned APP appearing on behalf of the State and

                   learned counsel appearing on behalf of the informant/Opposite

                   Party No. 2.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Sections 137(2) and

                   96 of the B.N.S..

                                3. The prosecution case, in brief, is that on 05.01.2025

                   at about 7 PM, minor daughter of informant went to attend call

                   of nature where this petitioner, along with other F.I.R. named

                   accused persons, kidnapped her for the purpose of marriage.

                                4. It is submitted by learned counsel appearing on
Patna High Court CR. MISC. No.18092 of 2026(2) dt.01-04-2026
                                            2/3




          behalf of the petitioner that petitioner is quite innocent and has

          committed no offence. The present F.I.R. has been lodged after

          inordinate delay of 7 days and there is no plausible explanation

          for the same, which itself makes the entire prosecution case

          doubtful. During investigation, the victim returned and in her

          statement recorded under Section 183 of the B.N.S.S. wherein

          she claimed herself to be major and denied the factum of

          kidnapping and categorically stated that her mother and father

          used to commit torture and she left her house, out of her own

          sweet will and no one kidnapped her. Petitioner claims clean

          antecedents.

                       5. Learned A.P.P. for the State and learned counsel for

          the informant/Opposite Party No. 2 have vehemently opposed

          the prayer for grant of anticipatory bail to the petitioner.

                       6. Considering the facts and circumstances of the

          case, statement of the victim recorded under Section 183 of the

          B.N.S.S. and clean antecedents of the petitioner, the prayer for

          grant of anticipatory bail to the petitioner is allowed.

                       7. Accordingly, in the event of arrest/surrender within

          a period of eight weeks from today, let the above named

          petitioner be enlarged on bail on furnishing bail-bond of Rs.

          10,000/- (ten thousand) with two sureties of the like amount
             Patna High Court CR. MISC. No.18092 of 2026(2) dt.01-04-2026
                                                         3/3




                       each to the satisfaction of learned J.M. 1 st Class, Bettiah, West

                       Champaran in connection with Yoagapatti P.S. Case No. 19 of

                       2025, subject to condition as laid down under Section 482(2) of

                       the B.N.S.S..



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.