Patna High Court
Jitendra Baitha @ Jitendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that the petitioners, being possibly falsely implicated and with the victim’s statement indicating voluntary departure, are entitled to bail.
Summary
The petitioners, Jitendra Baitha and Varun Baitha, feared arrest in a kidnapping case (Pipra P.S. Case No.33 of 2026) where they were accused under Sections 137(2), 96, 3(5) of the BNS and Sections 4 and 6 of the POCSO Act. The prosecution alleged that the petitioners, along with others, kidnapped a minor girl, while the petitioners contended that they were falsely implicated and that the main accusation should be against their relative, Abhishek Kumar (Jitu). The victim’s statement recorded under Section 183 of the BNSS indicated that she left her house voluntarily, supporting the petitioners’ claim of innocence. The court examined these facts and concluded that the petitioners were likely falsely implicated and that bail was appropriate. Accordingly, the court allowed the bail application, directing the petitioners to surrender within four weeks and to furnish a bail bond of Rs.10,000 with two sureties, subject to the conditions of Section 438(2) CrPC and Section 482 of the BNS.
Issues considered
- Whether the petitioners are entitled to bail under Section 438(2) of the Code of Criminal Procedure, 1973 and Section 482 of the BNS in the kidnapping case
- Whether the allegations against the petitioners are substantiated in view of the victim's voluntary departure statement
Legislation cited
- BNS — s. 137(2), 3(5), 482, 96
- BNSS — s. 183
- Criminal Procedure Code — s. 438(2)
- POCSO Act — s. 4, 6
Subjects
- bail
- kidnapping
- POCSO Act
- false implication
- Section 438 CrPC
- Section 482 BNS
- victim statement
- East Champaran
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37262 of 2026
Arising Out of PS. Case No.-33 Year-2026 Thana- PIPRA District- East Champaran
======================================================
1. Jitendra Baitha @ Jitendra Kumar S/o Varun Baitha @ Barun Baitha R/o
Village - Narayan Pakri, P.S - Pipra, District - East Champaran, Motihari
2. Varun Baitha @ Barun Baitha S/o Late Ramnath Baitha R/o Village -
Narayan Pakri, P.S - Pipra, District - East Champaran, Motihari
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Anita Devi W/o Shankar Ram R/o Village - Hasanpur, P.S - Pipra, District -
East Champaran, Motihari
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sumit Kumar Gupta
For the Opposite Party/s : Mr.Harendra Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 15-06-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners apprehend their arrest in
connection with Pipra P.S. Case No. 33 of 2026 registered for
the offence under Sections 137(2), 96, 3(5) of the BNS and
under Sections 4, 6 of the POCSO Act.
3. As per the prosecution case, the petitioners and
others are accused of kidnapping the victim girl.
4. It has been submitted by the learned counsel for
the petitioners that the petitioners are innocent and they have
falsely been implicated in this case. He further submits that the
Patna High Court CR. MISC. No.37262 of 2026(2) dt.15-06-2026
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main allegation is against one Abhishek Kumar @ Jitu for
having kidnapped the victim and the petitioners are father and
brother of Abhishek Kumar. He next submits that the victim girl,
in her statement recorded under Section 183 of the BNSS has
herself said that she has left her house on her own.
5. Considering the aforesaid facts, this application
is allowed.
6. Let the petitioners, above named, in the event of
their arrest or surrender before the concerned Court below
within four weeks from today, 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 concerned Court
below in connection with Pipra P.S. Case No. 33 of 2026,
subject to the conditions laid down in Section 438(2) of the
Code of Criminal Procedure, 1973 / Section 482 of the BNSS.
(Sandeep Kumar, J)
Vikas/-
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