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Patna High Court

Ramjit RamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                            2/3




          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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