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Patna High Court

Niraj KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Bail was denied to the petitioner.

Summary

The petitioner, Niraj Kumar, was arrested in connection with a kidnapping case (PS Case No. 134 of 2025) under sections 137(2) and 96 of the Bharatiya Nyaya Sanhita, 2023, alleging the abduction of the minor daughter of an informant. The petitioner claimed that he and the alleged victim were in a consensual love relationship and that she left her home voluntarily, a claim supported by a statement recorded under section 183 of the B.N.S.S. The State opposed bail, contending that the victim’s statement still contained specific allegations against the petitioner. The Court examined the statements and the seriousness of the kidnapping charge and decided not to grant bail. However, the Court directed that if the petitioner surrenders within six weeks, the trial court should promptly consider his surrender‑cum‑bail application without prejudice to the earlier rejection of anticipatory bail.

Issues considered

  • Whether bail should be granted to the accused in a kidnapping case under sections 137(2) and 96 of the Bharatiya Nyaya Sanhita, 2023, considering the victim’s statement under section 183.

Legislation cited

Subjects

  • bail
  • kidnapping
  • anticipatory bail
  • Bharatiya Nyaya Sanhita
  • section 183 statement
  • high court
  • Vaishali

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26905 of 2026
                       Arising Out of PS. Case No.-134 Year-2025 Thana- TISIAUTA District- Vaishali
                 ======================================================
                 Niraj Kumar Son of Ramnath Ram Resident of Village - Laxmi Narayanpur,
                 P.S. - Tisauta, District - Vaishali.
                                                                         ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Natraj Verma, Advocate
                 For the Opposite Party/s :        Mr.Binod Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER
2   22-04-2026                  Heard learned Counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner who apprehends arrest in connection

                   with Tisiauta P.S. Case No. 134 of 2025 lodged on 17.08.2025

                   for the offences punishable under sections 137(2), 96 of the

                   Bharatiya Nyaya Sanhita, 2023.

                                3. The accusations is of kidnapping the minor

                   daughter of the informant.

                                4. It is submitted by learned counsel for the petitioner

                   that the petitioner is innocent and has committed no offence. It

                   is further contended that the petitioner and the alleged victim

                   were in a love relationship, and both of them had left the house

                   of their own free will and volition. Learned counsel submits that

                   the alleged victim girl has since been recovered and her

                   statement has been recorded under Section 183 of the B.N.S.S..,
            Patna High Court CR. MISC. No.26905 of 2026(2) dt.22-04-2026
                                                        2/2




                      wherein she has categorically stated she left the house of her

                      own sweet will. It is further submitted that the antecedents of

                      the petitioner are clean and he has no criminal history.

                                   5. Learned APP for the State vehemently opposes the

                      prayer for bail and submits that it is true that the victim girl has

                      been recovered but upon perusal of the statement recorded

                      under Section 183 of the B.N.S.S. it appears that there is

                      specific allegation against the petitioner by the victim.

                                   6. In this background, this Court is not inclined to

                      grant bail to the petitioner. Accordingly, the prayer for bail of

                      the petitioner in connection with the aforementioned case,

                      pending before the learned ACJM-V, Vaishali at Hajipur, is

                      hereby rejected.

                                   7. However, if the petitioner surrenders before the

                      Trial Court within six weeks from today, the Trial Court is

                      directed to pass an order on his surrender-cum-bail application

                      on the same day, without being prejudiced by the fact that the

                      petitioner’s anticipatory bail has been rejected by this Court.



                                                  (Dr. Anshuman, J)
Ashwini/-

U      T


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