Patna High Court
Pandev Sah @ Pandav Kumar @ Pandav SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The petitioner is entitled to bail upon furnishing a bond of Rs. 10,000 with two sureties of the same amount.
Summary
The petitioner, Pandev Sah, applied for bail in a criminal case (PS Case No. 08 of 2026) alleging kidnapping of a minor girl, the informant's daughter. The petitioner claimed innocence, asserting that the victim voluntarily left with him, married him, and testified under Section 183 of the B.N.S.S. that no kidnapping occurred. The State opposed bail, arguing the seriousness of the alleged kidnapping under Section 96 of the B.N.S., 2023. After hearing both sides, the court considered the victim’s statement, the petitioner’s lack of prior criminal record, and the charge‑sheet submission. The court ordered the petitioner’s release on bail upon furnishing a bond of Rs. 10,000 with two sureties of equal amount.
Issues considered
- Whether the petitioner is entitled to bail in a kidnapping case under Section 96 of the B.N.S., 2023 given the victim’s voluntary statement under Section 183 of the B.N.S.S.
- Whether the alleged kidnapping warrants denial of bail despite the petitioner’s clean record
Legislation cited
- B.N.S., 2023 — s. 96
- B.N.S.S. — s. 183
Subjects
- bail
- kidnapping
- minor
- voluntary marriage
- Section 96
- Section 183
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23298 of 2026
Arising Out of PS. Case No.-8 Year-2026 Thana- BANKA District- Banka
======================================================
Pandev Sah @ Pandav Kumar @ Pandav Sah Son of Manajer Sah Resident of
Village- Samukhiya, P.S.- Banka, District- Banka
... ... Petitioner/s
Versus
1. The State of Bihar
2. X Wife of Y Resident of Village- Pararia, P.S.- Banka, Distict- Banka
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md.Najmul Hodda, Adv.
For the Opposite Party/s : Dr. Ajeet Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 08-04-2026 Heard learned counsel for the petitioner and
learned A.P.P for the State.
2. The petitioner seeks bail in connection with
Banka P.S. Case No. 08 of 2026 dated 05.01.2026 registered
for the offence punishable under Section 96 of the B.N.S.,
2023.
3. The petitioner is alleged to have kidnapped the
minor daughter of the informant.
4. Learned counsel for the petitioner submits that
the petitioner is innocent and has been falsely implicated in
this case. It is submitted that the statement of the victim has
Patna High Court CR. MISC. No.23298 of 2026(2) dt.08-04-2026
2/3
been recorded under Section 183 of the B.N.S.S. wherein,
she has clearly stated that no one had kidnapped her, she
went with the petitioner from her house on her own sweet
will. It is further submitted that the alleged victim and the
petitioner have solemnized marriage and she further stated
that she wants to live with the petitioner in her matrimonial
house. Further, it is submitted that the learned Trial Court
has assessed the age of the victim as 17 years and she also
stated that her mother had arranged her marriage
somewhere else, so she fled away with the petitioner and
solemnized her marriage with him. The petitioner is in
custody since 10.01.2026, having no criminal antecedent
and charge-sheet has been submitted in the case.
5. Learned A.P.P for the State opposes the prayer
for bail of the petitioner.
6. Having considered the facts and circumstances
of the case and submissions of learned counsel for the
parties, let the petitioner be released on bail upon furnishing
bail bonds of Rs. 10,000/- (ten thousand) with two sureties
of the like amount each to the satisfaction of the learned
C.J.M., Banka in connection with Banka P.S. Case No. 08
Patna High Court CR. MISC. No.23298 of 2026(2) dt.08-04-2026
3/3
of 2026.
(Khatim Reza, J)
prabhat/-
U T
Checking your session…