Patna High Court
Ramjit RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted anticipatory bail to the petitioners subject to the conditions prescribed under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S.
Summary
The petitioners, Ramjit Ram and Rekha Devi, feared arrest in a case registered under Sections 126(2), 115(2), 137(2), 87, 352 and 3(5) of the B.N.S. following an allegation by an informant that they had kidnapped her minor daughter. The FIR was lodged three days after the alleged incident, and the victim, a girl of about 16 years, was later recovered and gave a statement under Section 183 of the B.N.S.S. that she had voluntarily married the petitioners' son, Niranjan, and did not support the prosecution. The petitioners argued they have clean antecedents and that the claim of the victim being a minor was unsubstantiated. The court noted the victim’s statement and the lack of corroborative evidence, and ordered that the petitioners be released on anticipatory bail, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S. The personal appearance of the investigating officers was dispensed with.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the pending charges under Sections 126(2), 115(2), 137(2), 87, 352 and 3(5) of the B.N.S.
- Whether the victim’s statement that she voluntarily married the petitioner’s son negates the prosecution’s case
- Whether the allegation that the victim is a minor is substantiated
Legislation cited
Subjects
- anticipatory bail
- kidnapping
- minor
- victim statement
- Section 438 Cr.P.C.
- Section 482 B.N.S.S.
- B.N.S. offences
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19171 of 2026
Arising Out of PS. Case No.-171 Year-2025 Thana- Nawalpur District- West Champaran
======================================================
1. Ramjit Ram, son of Vikram Ram Resident of village- Barawa Shekh, Ps-
Lauriya, District -West Champaran
2. Rekha Devi, Wife of Jitendra Ram Resident Of Village- Lakhaura, Ps-
Chanpatiya, District- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sujeet Kumar, Advocate
For the Informant : Mr. Rajeev Ranjan Prasad, Advocate
For the Opposite Party/s : Mr. Narsingh Tanti, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 16-04-2026 Heard learned counsel for the petitioners, learned
A.P.P. for the State and learned counsel for the informant.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 126(2),
115(2), 137(2), 87, 352 and 3(5) of the BNS.
3. Learned counsel for the petitioners submits that
petitioners are a person with clean antecedent. It is next
submitted that in sum and substance the allegation is that the
informant alleges that the accused persons including the
petitioners kidnapped her minor daughter. It is further submitted
that the date of occurrence is 03.10.2025 and the FIR came to be
instituted on 06.10.2025 i.e. after a delay of three days for the
Patna High Court CR. MISC. No.19171 of 2026(3) dt.16-04-2026
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reason that informant was aware that her daughter had eloped
with the son of the petitioner namely Niranjan. It is next
submitted that the S.H.O. and the I.O. of the case are present in
the Court in compliance of the order dated 07.04.2026. On
query from the S.H.O. and the I.O. that as to whether the victim
has been recovered or not, on which, it is submitted that the
victim has been recovered and her statement was recorded under
Section 183 B.N.S.S., wherein she has not supported the case of
the prosecution rather she has stated that she had married with
Niranjan and intends to stay with him.
4. Learned counsel for the informant submits that the
victim is a minor aged about 16 years, on which, the learned
counsel for the petitioner submits that only to give seriousness
to the case it is alleged that the victim is a minor when the same
is not substantiated by any documentary evidence by the
informant. It is also submitted that victim is above 17 years and
has reached the age of discretion.
5. Be that as it may, the victim has been recovered and
has not supported the case of the prosecution, as such, let the
petitioners, above-named, in the event of their arrest or
surrender within a period of six weeks from today, be released
on anticipatory bail on furnishing bail bonds of Rs.5,000/-
Patna High Court CR. MISC. No.19171 of 2026(3) dt.16-04-2026
3/3
(Rupees Five Thousand) each with two sureties of the like
amount each to the satisfaction of the learned Trial Court where
the case is pending/Successor Court in connection with
Nawalpur P.S. Case No. 171 of 2025, subject to the conditions
as laid down under Section 438(2) of the Cr.P.C./482(2) of the
B.N.S.S.
6. The personal appearance of the S.H.O. and the I.O.
of the case is dispensed with.
(Satyavrat Verma, J)
khushbu/-
U T
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