Patna High Court
Shiv Raj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to strict conditions.
Summary
Shiv Raj Kumar was arrested on 21 December 2025 in connection with a case under Section 96 of the Bharatiya Nyay Sanhita, 2023, alleging that he induced a 17‑year‑old girl to leave home. The prosecution’s informant claimed the girl was missing and suspected the petitioner. The petitioner argued he had a clean record, was falsely implicated, and that the girl, now recovered, had given a statement under Section 183 BNSS confirming a consensual marriage and no coercion. The court considered the victim’s statement, the petitioner’s antecedents, and the nature of the offence, and decided to grant bail on a Rs.10,000 bond with two sureties, imposing conditions including the victim acting as a bailor and compliance with trial requirements. The bail order also stipulated cancellation if the petitioner tampered with evidence, absented himself without cause, or concealed a criminal past.
Issues considered
- What is the appropriateness of granting bail to an accused under Section 96 of the Bharatiya Nyay Sanhita, 2023, given the alleged kidnapping of a minor?
- Does the victim’s statement under Section 183 BNSS, indicating a consensual marriage, affect the bail decision?
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 183, 96
Subjects
- bail
- kidnapping
- minor
- Section 96 BNSS
- Section 183 BNSS
- marriage
- criminal antecedent
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32777 of 2026
Arising Out of PS. Case No.-516 Year-2025 Thana- PATNA CITY CHOWK District- Patna
======================================================
Shiv Raj Kumar S/O Ajay Mathur @ Ajay Mathuri R/O Village- Khusrupur,
Ward No.-2, P.S.- Khusrupur, Distt.- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gaurav Kishore, Advocate
For the Opposite Party/s : Mr. Mithlesh Kumar Khare, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 01-07-2026 Heard Mr. Gaurav Kishore, learned counsel for the
petitioner as well as Mr. Mithlesh Kumar Khare, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
21.12.2025 in connection with Chowk P.S. Case No. 516 of
2025, F.I.R. dated 08.12.2025 for the offences punishable under
Sections 96 of the Bharatiya Nyay Sanhita, 2023.
3. According to the prosecution case, the informant
alleged that on 08.12.2025, at about 8:30 A.M., her daughter,
aged about 17 years, left the house without informing any
family member and has remained untraceable since then. The
informant further alleged that she suspects the petitioner had
induced her daughter and taken her away.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.32777 of 2026(3) dt.01-07-2026
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petitioner has clean antecedent and he has falsely been
implicated in the present case. Infact the petitioner was in love
with the victim and victim was recovered and her statement
was recorded under Section 183 BNSS in which she has
categorically stated that she has performed marriage with the
petitioner and apart from that she has also stated that the
petitioner did not pressurize her for marriage. He next submits
that from bare perusal of Annexure 2 & 3, it suggest that the
petitioner has performed marriage with the victim on 11.12.2025
in Suryanarayan Mandir, Hilsa, Nalanda. He further submits that
the police after investigation submitted the charge sheet against
the petitioner and the petitioner is in custody since 21.12.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned A.C.J.M.,
VI, Patna city, Patna in connection with Chowk P.S. Case No.
516 of 2025, subject to the following conditions:-
i. One of the bailor shall be the victim, namely, Siya
Rani.
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ii. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
iii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iv. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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