Patna High Court
Sandeep Kumar Patel @ Sandeep KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
Checking your session…