Patna High Court
Raja KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted anticipatory bail to the petitioner.
Summary
The petitioner, Raja Kumar, sought anticipatory bail after an FIR was lodged under Sections 96 and 3(5) of the Bharatiya Nyaya Sanhita alleging he kidnapped an informant's granddaughter for marriage. The petitioner asserted a consensual love relationship and presented a clean antecedent. The victim’s statement recorded under Section 183 of the BNSS indicated she left voluntarily and denied any coercion. The State opposed the bail, but the court considered the victim’s declaration and the lack of prior criminal record. Consequently, the court granted anticipatory bail, directing the petitioner to surrender within eight weeks, furnish a bail bond of Rs.10,000 with two sureties, and comply with conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Sections 96 and 3(5) of the Bharatiya Nyaya Sanhita in view of the victim’s statement.
- Whether the victim’s statement under Section 183 BNSS negates the prosecution’s case of kidnapping.
- Whether the conditions prescribed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita are applicable to the bail order.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 183, 3(5), 96
Subjects
- anticipatory bail
- kidnapping
- marriage
- victim statement
- clean antecedent
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- Section 183
- Section 482(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19887 of 2026
Arising Out of PS. Case No.-178 Year-2025 Thana- KHAJAULI District- Madhubani
======================================================
Raja Kumar S/o Bikau Das @ Bikau Tanti R/o Village - Pali Mohan, P.S -
Khajauli, District - Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Kumari Pallavi, Advocate
For the Opposite Party/s : Ms. Rina Sinha, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 29-06-2026 Heard learned counsels for the petitioner and learned
A.P.P. for the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 96, 3(5) of the Bharatiya
Nyaya Sanhita.
3. It is alleged this petitioner kidnapped
granddaughter of informant for the purpose of marriage.
4. Learned counsel appearing for the petitioner is
innocent and has committed no offence. As a matter of fact,
there was love affair between petitioner and the granddaughter
of informant. During search, victim was recovered and she in
her statement, recorded under Section 183 BNSS, denied the
prosecution case and categorically stated that she left the house
on her own sweet will and there is no allegation of any sexual
Patna High Court CR. MISC. No.19887 of 2026(3) dt.29-06-2026
2/2
assault against petitioner. Petitioner claims clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering statement of the victim recorded under
Section 183 BNSS, this anticipatory bail is allowed and it is
ordered that the above named petitioner in the event of his
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bond
of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Judicial Magistrate,
1st Class, Madhubani in connection with Khajauli P. S. Case No.
178 of 2025, subject to condition as laid down under Section
482(2) of the Bharatiya Nagarik Suraksha Sanhita.
(Prabhat Kumar Singh, J)
Navya/-
U T
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