Patna High Court
PreetiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The court held that, on a prima facie basis and given the petitioners' clean antecedent and lack of substantive link to the alleged kidnapping, the petitioners are entitled to pre‑arrest bail under Section 482(2) of the BNSS.
Summary
The petitioners, two women and their husband, applied for pre‑arrest bail in a kidnapping case (Kudhani P.S. Case No. 193 of 2024) alleging they were falsely implicated based on a victim's statement recorded under Section 183 of the BNSS. The FIR alleged that unknown persons abducted the informant's minor daughter, but the petitioners were not named in the FIR; their names surfaced from the victim's statement. The court noted the informant’s enmity with the petitioners and the lack of a clear link establishing the petitioners' involvement, as well as the possibility that the victim’s statement was influenced. Considering the petitioners' clean antecedent and the prima facie case for bail, the court ordered their release on pre‑arrest bail subject to conditions under Section 482(2) of the BNSS. The district court was directed to verify any pending criminal antecedents, and the bail order would lapse if contrary facts emerged.
Issues considered
- Whether the petitioners are entitled to pre‑arrest bail under Section 482(2) of the BNSS in view of the allegations under Sections 137(2) and 96 of the BNS.
- Whether there exists a sufficient evidentiary link between the petitioners and the alleged kidnapping of the minor.
- Whether the victim's statement recorded under Section 183 BNSS can be relied upon given alleged influence by the informant.
Legislation cited
Subjects
- pre‑arrest bail
- false implication
- kidnapping
- minor victim
- Section 183
- Section 482(2)
- Section 137(2)
- Section 96
- clean antecedent
- enmity
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2992 of 2026
Arising Out of PS. Case No.-193 Year-2024 Thana- KUDHNI District- Muzaffarpur
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1. Preeti, Female, aged about - 27 Years, wife of Vikram, Resident of Vill-
Fattemallpur, P.S- Talganw Sitapur, Uttar Pradesh
2. Ritu, Female, aged about 32 years, Wife of Dilip, Resident of Vill-
Fattemallpur P.S- Talganw Sitapur, Uttar Pradesh
3. Vikram, Male, aged about 28 years, Son of Jokhelal, Resident of Vill-
Fattemallpur P.S.- Talganw Sitapur, Uttar Pradesh
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vibhuti Kumar, Advocate
For the Opposite Party/s : Mr. Ajit Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
3 01-04-2026 Heard Mr. Vibhuti Kumar, learned counsel appearing
on behalf of the petitioners and Mr. Ajit Kumar, learned APP for
the State.
2. The petitioners seek pre-arrest bail in connection
with Kudhani P.S. Case No. 193 of 2024, registered for the
offence punishable under Sections 137(2) and 96 of the BNS.
3. As per the allegation made in the FIR, some
unknown persons had allegedly kidnapped the minor daughter
of the informant while she was returning back to her home after
attending her coaching classes.
4. Learned counsel appearing on behalf of the
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petitioners submitted that petitioners are innocent and have
falsely been implicated in the present case. The petitioners are
not named in the FIR. Name of the petitioners have surfaced on
the basis of statement of the victim recorded under Section 183
BNSS. There is enmity between the petitioners and informant as
the petitioner no. 1, who is wife of petitioner no. 3 and
petitioner no. 2 have no brother and just to grab their property,
the informant, who is co-sharers (pattidar) of the mother of the
petitioners no. 1 and 2, has dragged the petitioners in the present
case. Petitioners have clean antecedent. On these grounds,
petitioners seek to be released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Having heard the rival submissions made on behalf
of the parties, as well as, having perused the allegation made in
the FIR and the material, which has surfaced in course of
investigation, I find that the informant has found her minor
daughter on 04.10.2024 at Sitakund but, there is complete lack
of any link to establish the fact that how the informant came to
learn about her daughter that she was in Sitakund and the same
creates doubt. The enmity between the petitioners and informant
is obvious as the petitioner no. 1, who is wife of petitioner no. 3
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and petitioner no. 2 have no brother and just to grab their
property, the informant, who is co-sharers (pattidar) of the
mother of the petitioners no. 1 and 2, has dragged the petitioners
in the present case. However the victim has supported the
prosecution case in her statement recorded under Section 183
BNSS but there is every likelihood that she may have been
tutored by the informant considering the fact that the victim was
found on 04.10.2024 and her statement under Section 183
BNSS was recorded on 09.10.2024 and no case was lodged in
the State of Uttar Pradesh, at the same time, U.P. Police was not
informed about the said incidence. Petitioners have clean
antecedent. I am of the opinion that petitioners have, prima
facie, made out a case to be released on pre-arrest bail.
7. The petitioners, above named, are directed to be
released on pre-arrest bail, in the event of their arrest or
surrender before the learned District Court within a period of
four weeks from today, on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) each with two sureties of the like
amount each to the satisfaction of the learned District Court
where the case is pending, in connection with Kudhani P.S. Case
No. 193 of 2024, subject to the condition as laid down under
Section 482(2) of the BNSS.
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8. The learned District Court is directed to verify
the criminal antecedent of the petitioners as stated in
paragraph no. 3 of the bail application. If any other case is
pending against the petitioners as what has been stated in
paragraph no. 3, this order will lose its force automatically.
(Purnendu Singh, J)
Niraj/-
U T
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