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Patna High Court

Pandev Sah @ Pandav Kumar @ Pandav SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
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          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
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                      of 2026.



                                                   (Khatim Reza, J)
prabhat/-

U       T


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