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Patna High Court

Shiv Raj KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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.
            Patna High Court CR. MISC. No.32777 of 2026(3) dt.01-07-2026
                                                        3/3




                                   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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