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Patna High Court

Baidnath PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the alleged offence under section 137(2) is bailable and granted bail to the petitioners.

Summary

The Patna High Court heard a bail petition filed by six residents of Chaknoor who were named in an FIR for allegedly kidnapping the minor daughter of an informant under sections 137(2) and 96 of the Bharatiya Nyaya Sanhita, 2023. The petitioners claimed they were falsely implicated, asserted that the alleged victim was actually 20 years old, married, and not a minor, and had no criminal record. The State opposed bail, but the court noted that the facts indicated that section 96 was not attracted and that the alleged offence under section 137(2) is bailable with a maximum punishment of five years. Consequently, the court ordered bail for each petitioner on a bond of Rs 30,000, subject to conditions under section 482(2) of the B.N.S.S., 2023. The bail order was conditioned on surrender before the trial court within four weeks.

Issues considered

  • Whether the offence alleged under sections 137(2) and 96 of the Bharatiya Nyaya Sanhita, 2023 is bailable
  • Whether the petitioners are entitled to bail in view of the facts and the victim's age
  • Whether section 96 of the B.N.S. is attracted in the present case

Legislation cited

Subjects

  • bail
  • kidnapping
  • bailable offence
  • Bharatiya Nyaya Sanhita
  • section 137
  • section 96
  • criminal procedure
  • age of victim
  • false implication

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36039 of 2026
                   Arising Out of PS. Case No.-557 Year-2024 Thana- HAJIPUR SADAR District- Vaishali
                 ======================================================
           1.     Baidnath Paswan son of Jamun Paswan Resident Of Village -Chaknoor, Ps-
                  Hajipur Sadar, Dist- Vaishali
           2.    Umesh Kumar @ Umesh Paswan son of Baidnath Paswan Resident Of
                 Village -Chaknoor, Ps- Hajipur Sadar, Dist- Vaishali
           3.    Raja Kumar Son of Bhuneshwar Paswan Resident Of Village -Chaknoor, Ps-
                 Hajipur Sadar, Dist- Vaishali
           4.    Monu Kumar Son of Surendra Paswan Resident Of Village -Chaknoor, Ps-
                 Hajipur Sadar, Dist- Vaishali
           5.    Raj Kumar @ Raja Babu Kumar Son of Mahendra Paswan Resident Of
                 Village -Chaknoor, Ps- Hajipur Sadar, Dist- Vaishali

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       None
                 For the Opposite Party/s :       Mr. Dr. Kumar Uday Pratap, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   01-06-2026                  The Court proceeding is being conducted through

                   virtual mode.

                                2. None appears on behalf of the petitioners even after

                   repeated calls. However, learned APP for the State is present.

                                3. The petitioners are apprehending arrest in

                   connection with Hajipur Sadar P.S. Case No. 557 of 2024

                   lodged on 09.08.2024, for the offence punishable under Sections

                   137(2) & 96 of the Bharatiya Nyaya Sanhita, 2023.

                                4. From the contents of the present FIR, it is clear that
Patna High Court CR. MISC. No.36039 of 2026(2) dt.01-06-2026
                                            2/3




          the FIR has been lodged against six named accused persons

          including the present petitioners with allegation that they all in

          connivance with each other have kidnapped the minor daughter

          of the informant.

                       5. The plea has been taken in the bail petition that the

          petitioners are innocent and have committed no offence and they

          have been falsely implicated in the present case. It has been

          further pleaded that the victim herself appeared before the

          police station on 18.03.2026 and thereafter, police brought her

          before the doctor for medical examination, but she refused for

          medical examination in presence of the doctor. It has been also

          pleaded that the victim girl told her age as 20 years and learned

          Magistrate has also assessed her age as 20 years. The victim girl

          has disclosed that she had married with one Ramesh Kumar who

          is not the petitioner here in the present bail application. It has

          also been pleaded that the petitioner no.1 is father and the

          petitioner no.2 is brother of the co-accused Ramesh Kumar and

          rests persons are co-villagers and co-accused. The petitioners

          have no criminal antecedent.

                       6. Learned APP for the State opposes the prayer for

          bail of the petitioners but fairly submits that Annexure-P/2 is the

          copy of the statement in which the Court has ascertained the age
             Patna High Court CR. MISC. No.36039 of 2026(2) dt.01-06-2026
                                                         3/3




                       of the victim girl as 20 years.

                                    7. It transpires to this Court that by virtue of the

                       allegation made in the FIR, section 96 of the B.N.S has not been

                       attracted and section 137(2) of the B.N.S may be attracted for

                       which under B.N.S.S, punishment is five years and offence is

                       bailable.

                                    8. As such, in the present facts and circumstances of

                       this case, let the above named petitioners be released on bail, in

                       the event of arrest or surrender before the Trial Court within a

                       period of 4 weeks from today, on furnishing bail bond of

                       Rs.30,000/- (Rupees Thirty Thousand) each as mentioned in

                       Section 2(1)(d) of the B.N.S.S., 2023 to the satisfaction of Chief

                       Judicial Magistrate, Vaishali at Hajipur, in connection with

                       Hajipur Sadar P.S. Case No. 557 of 2024, subject to the

                       conditions as laid down U/s 482(2) of the B.N.S.S., 2023.



                                                                      (Dr. Anshuman, J)
Divyansh/-

U      T


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