Patna High Court

Rohit KumarversusThe State of Bihar

Decided: 2 April 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The petitioner is entitled to bail in the present case.

Summary

Rohit Kumar was arrested in connection with a kidnapping case (Raniganj P.S. Case No. 441 of 2025) under Sections 96 and 3(5) of the Bihar Narcotic Substances Act, 2023. The prosecution alleges that he abducted the minor daughter of an informant, while the petitioner contends that the relationship was consensual and the girl, born on 15‑01‑2008, was nearing majority at the time of the alleged incident on 23‑11‑2025. The petitioner has no prior criminal record and has been in judicial custody since 03‑02‑2026. The informant’s counsel argues that the victim has married the petitioner and is living with him, opposing bail. After hearing both sides, the court noted the victim’s age, the consensual nature of the relationship, and the petitioner’s clean record, and therefore ordered bail on a bond of Rs.10,000 with two sureties. The bail order was directed to be recorded before the Additional Chief Judicial Magistrate‑I, Araria.

Issues considered

Whether the petitioner is entitled to bail despite the kidnapping charge involving a minor.

Legislation cited

Bihar Narcotic Substances Act, 2023 — s. 3(5), 96

Subjects

bail
kidnapping
minor
criminal procedure
personal liberty

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20762 of 2026
                       Arising Out of PS. Case No.-441 Year-2025 Thana- RANIGANJ District- Araria
                 ======================================================
                 Rohit Kumar Son of Vikash Mandal Resident of village- Koskapur Uttar
                 Brahmdeo Tola, Ward no. 11, Ps- Raniganj, Dist- Araria

                                                                                   ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    X son of Late y Resident of village- Parihari, Ward no. 06, ps- Raniganj,
                 Dist- Araria

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ajit Ranjan Kumar, Advocate
                 For the Opposite Party/s :        Mr. Dr.Mrityunjaya Kr.Gautam, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   02-04-2026                  Heard learned counsel for the petitioner and the

                   learned APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Raniganj P.S. Case No. 441 of 2025 registered for the

                   offence punishable under Sections 96, 3(5) of the B.N.S., 2023.

                                3. The case of the prosecution, in short, is that the

                   petitioner has kidnapped the minor daughter of the informant.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this

                   case. He also submits that from perusal of the order of the

                   learned A.C.J.M.-I at Annexure-P/2, it will transpire that the
Patna High Court CR. MISC. No.20762 of 2026(2) dt.02-04-2026
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          learned trial court has recorded that the victim has stated in her

          statement recorded under Sections 180 and 183 of the BNSS of

          going to the petitioner's home and loving the petitioner. He also

          submits that it is a case of a romantic relationship between two

          adolescents. He also submits that the documents filed by the

          I.O. of this case mentioned that the date of birth of the victim is

          15.01.2008 and the date of occurrence is 23.11.2025. It means

          she was approaching majority. Moreover, a statement has been

          made in para 3 of the petition that petitioner has no criminal

          antecedent and he is languishing in judicial custody since

          03.02.2026.

                       5. The application for bail is vehemently opposed by

          the learned counsel for the informant and the learned APP for

          the State. Learned counsel for the informant has stated that the

          victim has solemnized marriage with the petitioner and she is

          living happily at the house of the petitioner.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this Court is

          inclined to enlarge the petitioner on bail. The above named

          petitioner is directed to be enlarged on bail on furnishing bail

          bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

          of the like amount each to the satisfaction of the learned
           Patna High Court CR. MISC. No.20762 of 2026(2) dt.02-04-2026
                                                       3/3




                     A.C.J.M.-I, Araria in connection with Raniganj P.S. Case No.

                     441 of 2025.


                                                        (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T

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