Patna High Court
Kishun Sahni @ Kishun Kumar @ Kishan Sahani @ Kishan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The Court held that the petitioner is entitled to bail as the victim’s voluntary statement and the lack of incriminating evidence outweigh the prosecution’s case.
Summary
The petitioner, Kishun Sahni, was implicated in a case (PS Case No.144/2025) alleging kidnapping of a minor girl, the informant's daughter, under sections 137(2), 96, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The petitioner contended that the alleged victim was his consensual partner who left her home of her own volition and that the FIR was lodged two days after the incident without satisfactory explanation. The victim’s statement recorded under Section 183 of the Bharatiya Nyaya Sanhita affirmed that no abduction occurred and that she had voluntarily left with the petitioner to solemnise marriage. The State opposed the bail application, arguing the seriousness of the offences. The Court, after considering the facts, the victim’s statement, the petitioner’s clean record and the delay in filing the FIR, ordered that the petitioner be released on bail upon furnishing a bond of ₹30,000, subject to conditions under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the offences alleged under the Bharatiya Nyaya Sanhita.
- Whether the victim’s voluntary statement under Section 183 B.N.S.S. negates the charge of kidnapping.
- Whether the two‑day delay in lodging the FIR warrants denial of bail.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 2(1)(d), 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 137(2), 183, 3(5), 351(2), 96
Subjects
- bail
- kidnapping
- voluntary statement
- FIR delay
- Bharatiya Nyaya Sanhita
- Bharatiya Nagrik Suraksha Sanhita
- Section 182
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26938 of 2026
Arising Out of PS. Case No.-144 Year-2025 Thana- BISHANPUR District- Darbhanga
======================================================
Kishun Sahni @ Kishun Kumar @ Kishan Sahani @ Kishan Kumar S/o
Super Sahni Resident of Village- Tira Jatmalpur, P.S.- Kalyanpur, District-
Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ratnakar Jha, Advocate
For the Opposite Party/s : Ms.Nirmala Kumari, 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 Bishanpur Chowk P.S. Case No.144/2025 lodged on
22.11.2025, for the offences punishable under sections 137(2),
96, 351(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. The accusation against the petitioner is that he,
along with others, kidnapped 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
Patna High Court CR. MISC. No.26938 of 2026(2) dt.22-04-2026
2/3
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.,
wherein she has categorically stated that no one was responsible
for the alleged occurrence and that she had, of her own sweet
will, left the house with the petitioner and had attempted to
solemnize marriage with him. It is further submitted that the
antecedents of the petitioner are clean and he has no criminal
history. Learned counsel also points out that although the
alleged occurrence is said to have taken place on 20.11.2025,
the FIR came to be instituted only on 22.11.2025, after a delay
of two days, for which no satisfactory explanation has been
furnished.
5. Learned APP for the State vehemently opposes the
prayer for bail.
6. In the facts and circumstances, let the above named
petitioner be released on bail, in the event of arrest or surrender
before the Trial Court within a period of four weeks from today,
on furnishing bail bond of ₹30000/- (thirty thousand) as
mentioned in Section 2(1) (d) of the Bharatiya Nagrik Suraksha
Sanhita, 2023 to the satisfaction of the learned J.M. 1 st Class,
Darbhanga, in connection with the aforesaid case, subject to the
Patna High Court CR. MISC. No.26938 of 2026(2) dt.22-04-2026
3/3
conditions as laid down under Section 482(2) of the Bharatiya
Nagrik Suraksha Sanhita, 2023.
(Dr. Anshuman, J)
Ashwini/-
U T
Checking your session…