Patna High Court
Ganesh Baitha @ Ganesh BhuiyanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court held that anticipatory bail is appropriate given the victim's voluntary statement and the accused's clean antecedent, subject to prescribed conditions.
Summary
Ganesh Baitha was accused in a 2024 Rohtas police case of kidnapping the minor daughter of the informant under IPC sections 366(A) and 363. The victim, Ranjani Kumari, gave a statement under Section 164 of the Cr.P.C. claiming she voluntarily left home to marry Baitha, was married at a temple, and has a child. Baitha, who has a clean antecedent, applied for anticipatory bail. The State opposed the bail. The High Court, considering the victim's voluntary statement and Baitha's clean record, granted anticipatory bail subject to a bond, sureties and strict conditions including appearance before the trial court and non‑interference with witnesses. The order directs that bail be released within four weeks of arrest or surrender.
Issues considered
- Whether anticipatory bail should be granted to the accused in a kidnapping case under IPC sections 366(A) and 363.
- Whether the victim's voluntary statement under Section 164 of the Cr.P.C. negates the alleged offence.
- Whether the accused's clean antecedent warrants the grant of anticipatory bail.
Legislation cited
- Criminal Procedure Code — s. 164, 482(2)
- Indian Penal Code — s. 363, 366A
Subjects
- anticipatory bail
- kidnapping
- IPC 366A
- victim consent
- Cr.P.C. Section 164
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30797 of 2026
Arising Out of PS. Case No.-10 Year-2024 Thana- ROHTAS District- Rohtas
======================================================
Ganesh Baitha @ Ganesh Bhuiyan Son of Late Bhulu Baitha Resident of
Village - Tumba, P.S.- Rohtas, District - Rohtas.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Kalawati Devi Wife of Late Ashok Bhuiyan Resident of village - Karma,
P.O.- Amjhore, P.S. and District - Rohtas.
3. Ranjani Kumari (Victim) Daughter of Late Ashok Bhuiyan Resident of
village - Tumba, P.S. and District - Rohtas.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Babu Nandan Prasad, Adv.
For the Opposite Party/s : Mr.Yogendra Kumar,APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 06-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending his arrest in
connection with Rohtas P.S. Case No. 10 of 2024 for the offence
punishable under sections 366(A), 363 of the IPC lodged on
10.01.2024 by the informant.
3. As per the prosecution case, the allegation against
the petitioner is that he abducted the minor daughter of the
informant. Accordingly, the FIR.
4. Learned counsel for the petitioner, by referring to
the order impugned, submits that the statement of the victim
recorded under Section 164 of Cr.P.C/183 BNSS, it would
Patna High Court CR. MISC. No.30797 of 2026(2) dt.06-05-2026
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appear that the victim voluntarily went out of her house and
came to Tumba to marry with the petitioner. She further stated
that she has married with the petitioner at Jharkhandi temple.
She further stated in her statement that her father was going to
marry her with an old aged person, that is why, she left her
home to perform marriage out of her own choice. Learned
counsel for the petitioner also submits that she has been blessed
with a child also. Petitioner has got clean antecedent.
5. Learned APP opposes the prayer for anticipatory
bail.
6. Considering the statement of the victim made
under Section 164 of Cr.P.C/183 BNSS and the petitioner has
got clean antecedent, this Court is inclined to extend him the
privilege of anticipatory bail.
7. Let the petitioner, above named, be released on
bail in the event of arrest or surrender within a period of four
weeks from the receipt of this order, on furnishing bail bond of
Rs. 10,000/- (Ten thousand) with two sureties of like amount
each to the satisfaction of learned Judicial Magistrate, 1st Class,
Dehri, Rohtas in connection with aforesaid PS Case, subject to
the conditions as laid down under Section 482(2) of the BNSS
as well as the following conditions:-
Patna High Court CR. MISC. No.30797 of 2026(2) dt.06-05-2026
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(i) one of the bailors should be the
family member/relative of the petitioner(s)
who shall provide official document to show
his/her bona fide;
(ii) the petitioner(s) shall appear
on each and every date before the Trial
Court and failure to do so for two
consecutive dates without plausible reason
will entail cancellation of his/their bail
bond by the Trial Court itself;
(iii) the petitioner(s) shall in no
way try to induce or promise or threat the
witnesses or tamper with the evidences,
failing which the State shall be at liberty to
take steps for cancellation of the bail bonds;
(iv) the petitioner(s) shall desist
from committing any criminal offence again,
failing which the State shall be at liberty to
take steps for cancellation of his/their bail
bonds.
(Ajit Kumar, J)
perwez
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