Patna High Court
Suraj Kumar @ LadduversusThe State Of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the victim’s statement under Section 183 of the BNSS demonstrated inducement and intent to sell, justifying the rejection of anticipatory bail.
Summary
Suraj Kumar was arrested in connection with a kidnapping case involving the 15‑year‑old daughter of an informant. The petitioner claimed the girl left home voluntarily out of love and travelled with him, arguing that this negated any kidnapping allegation. The State, through the Additional Public Prosecutor, produced the victim’s statement recorded under Section 183 of the Bhartiya Nayay Sanhita (BNSS), in which she alleged that the petitioner had induced her to leave home and intended to sell her. The court examined the victim’s statement and the applicable provisions of the BNSS and the Indian Penal Code. Finding that the statement indicated inducement and a criminal intent, the court rejected the petitioner’s application for anticipatory bail. Consequently, the petitioner remains in custody pending trial.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the BNSS and IPC in view of the alleged kidnapping of a minor.
- Whether the alleged consensual relationship and voluntary departure of the minor negate the offence of kidnapping under Sections 96, 3(5) of BNSS and Section 366A/34 IPC.
- Whether the victim’s statement recorded under Section 183 of BNSS is sufficient grounds to deny anticipatory bail.
Legislation cited
- Bhartiya Nayay Sanhita, 2023 — s. 183, 3(5), 96
- Indian Penal Code — s. 34, 366A
Subjects
- anticipatory bail
- kidnapping
- child abduction
- IPC 366A
- BNSS
- Section 183 statement
- love affair defence
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28064 of 2026
Arising Out of PS. Case No.-293 Year-2025 Thana- LALGANJ District- Vaishali
======================================================
Suraj Kumar @ Laddu S/O Bhavidra Sahani @ Bharvind Sahni R/O Vill-
Walha ( Jehanabad ),P.S.-Lalganj, DIST- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arvind Kumar Sinha, Advocate
For the Opposite Party/s : Mr.Abhay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 01-05-2026 Heard learned counsel appearing on behalf of the
petitioner and learned Additional Public Prosecutor appearing
on behalf of the State.
2. The accused/petitioner apprehending his arrest
in connection with Lalganj P.S. Case No. 293 of 2025
registered for the offences punishable under Sections 96,
3(5) of Bhartiya Nayay Sanhita 2023 and Section 366A/34
of IPC.
3. As per FIR, petitioner alleged to kidnap the
minor daughter of the informant, aged about 15 years.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that the victim was in love with
petitioner and she left her parental home on her own, which
negates the allegation of kidnapping. It is submitted that she
Patna High Court CR. MISC. No.28064 of 2026(2) dt.01-05-2026
2/2
visited different parts of the country with this petitioner and,
therefore, the allegation of kidnapping is also not convincing.
While concluding argument, it is submitted that petitioner is
a man of clean antecedent.
5. Learned APP while opposing the prayer of bail
submitted that after recovery, the statement of victim was
recorded under Section 183 of BNSS, where she
categorically stated that the petitioner was in process to sell
her. It is submitted that she left her parental home upon
inducement of this petitioner only.
6. In view of aforesaid factual submissions and by
taking note of the statement of victim as recorded under
Section 183 of BNSS, as discussed aforesaid, the
anticipatory bail of the petitioner stands rejected.
(Chandra Shekhar Jha, J)
veena/-
U T
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