Patna High Court
Santosh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to the petitioner.
Summary
The petitioner, Santosh Kumar, was arrested on 22 October 2025 in connection with a case registered under Sections 137(2) and 140(1) of the BNS, alleged to involve the abduction of a girl. The prosecution alleged that the petitioner abducted the victim, while the petitioner claimed innocence, asserting that the victim’s statement under Section 180 of the BNSS indicated she had eloped with him. The petitioner applied for bail, arguing that he was falsely implicated. The court examined the statements and the circumstances of the case. Finding that the victim’s statement suggested a consensual elopement and that there was insufficient ground to deny bail, the court allowed the bail application. The petitioner was ordered to be released on bail upon furnishing a bond of Rs. 10,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the petitioner in a case of alleged abduction under Sections 137(2) and 140(1) of the BNS.
Legislation cited
- BNS — s. 137(2), 140(1)
Subjects
- bail
- abduction
- criminal procedure
- Section 180 statement
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19266 of 2026
Arising Out of PS. Case No.-488 Year-2025 Thana- LAKHISARAI District- Lakhisarai
======================================================
Santosh Kumar S/O Gorelal Paswan R/O Vill.- Neri, ward no. 18, P.S. and
Dist.- Lakhisarai.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. XX W/O YY R/O Vill.- Neri, ward no. 18, P.S. and Dist.- Lakhisarai.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Umesh Prasad
For the Opposite Party/s : Mr.Nitya Nand Tiwary
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 25-03-2026 Heard the parties.
2. The petitioner seeks bail in connection with
Rupaspur P.S. Case No. 43 of 2025 registered for the offence
under Sections 137(2), 140(1) of the BNS.
3. As per the prosecution case, the petitioner is
said to have abducted the victim.
4. The petitioner is in custody since 22.10.2025.
5. Learned counsel for the petitioner submits that
the petitioner is innocent and he has falsely been implicated in
this case as from the impugned order, it appears that the victim
girl in her statement recorded under Section 180 of the BNSS
has said that she had eloped with the petitioner.
6. Considering the aforesaid facts, this application
Patna High Court CR. MISC. No.19266 of 2026(2) dt.25-03-2026
2/2
is allowed.
7. Let the petitioner, above named, be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned concerned Court below, where the case is pending,
in connection with Lakhisarai P.S. Case No. 488 of 2025.
(Sandeep Kumar, J)
Vikas/-
U
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