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Patna High Court

Mahesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the petitioner is entitled to regular bail.

Summary

Mahesh Kumar petitioned for regular bail in a case registered under Sections 137(2), 140(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, alleging kidnapping of a young woman. The prosecution claimed the victim was abducted and confined, while the victim later testified that she voluntarily went with Rahul Gupta, married him, and was not kidnapped. The petitioner’s only alleged link was the use of his mobile phone to communicate with the victim. The defence argued that the victim was an adult, gave a voluntary statement, and the petitioner was falsely implicated. Considering the victim’s statement, her age, and lack of incriminating evidence against the petitioner, the court ordered his release on bail upon furnishing a bond and sureties. The application for bail was allowed.

Issues considered

  • Whether the petitioner is entitled to regular bail under Sections 137(2), 140(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 given the facts.
  • Whether the victim's voluntary statement and marriage to the co‑accused negate the kidnapping allegation.
  • Whether the alleged use of the petitioner's mobile phone constitutes a sufficient ground to deny bail.

Legislation cited

Subjects

  • regular bail
  • kidnapping
  • false implication
  • victim statement
  • Bharatiya Nyaya Sanhita
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No. 2661 of 2026
                     Arising Out of PS. Case No.-302 Year-2025 Thana- KHAGARIA District- Khagaria
                 ======================================================
                 Mahesh Kumar S/o Garib Rajak @ Garibnath @ Garibnath Chaudhary R/o
                 Village - Imamganj, P.S - Sadar, District - Muzaffarpur

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Alok Kumar Alok, Advocate
                 For the Opposite Party/s :       Mr. Madhura Nand Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

3   01-04-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks regular bail in Khagaria P.S.

                   Case No. 302 of 2025 dated 07.10.2025 registered under

                   Sections 137(2), 140(3) and 3(5) of the Bharatiya Nyaya

                   Sanhita, 2023.

                                3.     The prosecution case, in brief, is that the

                   informant’s daughter went to Khagaria to attend a fair and went

                   missing after separating from her friends at Rajendra Chowk. It

                   is alleged that she later made a video call stating that she was

                   not in full consciousness and was being confined by unknown

                   persons. However, despite best efforts using mobile location

                   tracking, her whereabouts could not be traced. The informant

                   suspects that certain unknown persons have abducted and
Patna High Court CR. MISC. No. 2661 of 2026(3) dt.01-04-2026
                                             2/3




          confined her at an unknown place, thus putting her life and

          personal safety at risk.

                       4.Learned counsel for the petitioner submits that the

          petitioner is innocent and he has been falsely implicated in the

          present case. It is further submitted that the only allegation

          against the petitioner is that his mobile phone was used to speak

          with the victim girl. It is further submitted that, in fact, the

          victim had voluntarily gone with the co-accused, Rahul Gupta.

          The victim was, subsequently, recovered and her statement was

          recorded under Section 183 of the B.N.S.S., wherein, she

          categorically stated that she is a major and was in a love

          relationship with Rahul Gupta. She further stated that she had

          gone to Punjab with him on 02.11.2025, where she solemnized

          marriage with him and was residing with him and no one had

          kidnapped her. Learned counsel also submits that as per the

          School Transfer Certificate the date of birth of the victim is

          recorded as 05.02.2003 and on the date of occurrence, she was

          aged about 22 years, 8 months and 2 days. This fact has also

          been mentioned in paragraph 49 of the case diary. Lastly, it is

          submitted that the petitioner is in custody since 11.10.2025 and

          has one criminal case pending against him.

                       5. Learned Additional Public Prosecutor for the State
           Patna High Court CR. MISC. No. 2661 of 2026(3) dt.01-04-2026
                                                        3/3




                     has vehemently opposed the prayer for bail.

                                  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. Khagaria in

                     connection with Khagaria P. S. Case No. 302 of 2025.

                                  7. The application stands allowed.


                                                  (Khatim Reza, J)

shyambihari/-

U


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