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Patna High Court

Rajnish KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the victim’s voluntary statement under Section 183 of the B.N.S.S. defeats the prosecution’s case, justifying the grant of bail under the inherent powers of Section 482 of the B.N.S.S., 2023.

Summary

The petitioner, Rajnish Kumar, was implicated in an FIR alleging kidnapping of a girl under Sections 137(2), 96 and 3(5) of the B.N.S., 2023. The victim’s statement recorded under Section 183 of the B.N.S.S. indicated that she left her house voluntarily and made no accusation against the petitioner. The petitioner’s counsel argued that the victim’s statement undermines the prosecution’s case and that he should be released on bail. The court examined the relevance of the victim’s voluntary statement and the applicability of Section 482 of the B.N.S.S., 2023 for granting bail. It ordered that the petitioner be released on bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to the conditions laid down. The bail order was directed to be implemented by the ADJ VI‑cum‑Special Judge (POCSO Act) in Sitamarhi.

Issues considered

  • Whether the petitioner is entitled to bail despite the FIR alleging kidnapping under Sections 137(2), 96 and 3(5) of the B.N.S., 2023?
  • Whether the victim’s voluntary statement under Section 183 of the B.N.S.S. negates the prosecution’s case against the petitioner?
  • Whether bail can be granted under the inherent powers of the court under Section 482 of the B.N.S.S., 2023?

Legislation cited

Subjects

  • bail
  • kidnapping
  • victim statement
  • Section 183
  • Section 482
  • criminal procedure
  • High Court
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.296 of 2026
                        Arising Out of PS. Case No.-223 Year-2025 Thana- RIGA District- Sitamarhi
                 ======================================================
                 Rajnish Kumar Son of Ram Bahadur Mahto R/o village - Bhaluaha, P.S.-
                 Kanhauli, Dist.- Sitamarhi.
                                                                    ... ... Petitioner/s
                                              Versus
           1.     The State of Bihar
           2.     Usha Devi Wife of Binod Baitha @ Vinod Baitha R/o village - Sahbajpur,
                  P.S.- Riga, Dist.- Sitamarhi.
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Santosh Kumar
                 For the Opposite Party/s :        Mr.Anil Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   21-01-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence under Sections 137(2), 96, 3(5) of the

                   B.N.S., 2023.

                                3. As per F.I.R., this petitioner along with other named

                   accused persons are alleged to have kidnapped daughter of the

                   informant.

                                4. Learned counsel for the petitioner submits that the

                   victim, in her statement recorded under Section 183 of B.N.S.S.,

                   has neither supported the prosecution case nor made any

                   allegation against this petitioner, rather she stated that she left

                   her house out of her own volition.
           Patna High Court CR. MISC. No.296 of 2026(2) dt.21-01-2026
                                                       2/2




                                  5. Considering the statement of the victim recorded

                     under Section 183 B.N.S.S., in the event of arrest/surrender

                     before the Trial Court within a period of eight weeks from

                     today, let the above named petitioner be enlarged on bail on

                     furnishing bail-bond of Rs. 10,000/- (ten thousand) with two

                     sureties of the like amount each to the satisfaction of learned

                     A.D.J. VI-cum-Special Judge (POCSO Act), Sitamarhi in

                     connection with Riga P.S. Case No. 223 of 2025, subject to

                     condition as laid down under Section 482 of B.N.S.S., 2023.



                                                     (Prabhat Kumar Singh, J)
anay

U      T


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