Patna High Court
Rupesh Kumar @ Rupesh Kumar Ray @ Rupesh RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was granted as the allegations did not, on a prima facie basis, warrant denial of bail under the applicable provisions.
Summary
The petitioner, Rupesh Kumar, sought anticipatory bail fearing arrest in a kidnapping case (PS Case No. 231 of 2023) involving alleged offences under Sections 363, 366(A), 120(B) and 34 of the IPC. The prosecution alleged that the petitioner kidnapped the victim, while the victim’s statement under Section 164 of the CrPC indicated that she had eloped with the petitioner, who is a major and has a clean antecedent. The petitioner’s counsel argued innocence and highlighted the consensual nature of the relationship. The State opposed the bail, contending the seriousness of the charges. The Court, after considering the facts, allowed the anticipatory bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 482(2) of the B.N.S.S. and clarified that its observations were prima facie and not on the merits. The order emphasized that the bail is limited to the present application and does not affect the trial.
Issues considered
- Whether anticipatory bail should be granted in a case involving alleged kidnapping and related IPC offences
- Whether the allegations of consensual elopement and clean antecedent justify bail under Section 482(2) of the B.N.S.S.
Legislation cited
- B.N.S.S. — s. 482(2)
- Criminal Procedure Code — s. 164
- Indian Penal Code — s. 120B, 34, 363, 366A
Subjects
- anticipatory bail
- kidnapping
- IPC
- Section 482
- bail conditions
- elopement
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38104 of 2026
Arising Out of PS. Case No.-231 Year-2023 Thana- BASANTPUR District- Siwan
======================================================
Rupesh Kumar @ Rupesh Kumar Ray @ Rupesh Ray S/o Late Shreeniwas
Ray Srivastav Resident of Village- Semardah, PS- Basantpur, Distt.- Siwan
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXX D/o Raghuveer Mahto S/o Late Narayan Mahto, R/o vill - Seharkola
Usari, P.S.- Basantpur, Distt.- Siwan
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gajendra Kumar Singh, Adv.
For the Opposite Party/s : Mr. Raj Ballabh Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 16-06-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in connection
with Basantpur P.S. Case No. 231 of 2023 registered for
offences under Sections 363, 366(A), 120(B)/34 of I.P.C.
3. As per the prosecution case, the petitioner is
accused of kidnapping the victim.
4. Learned counsel for the petitioner submits that
petitioner is quite innocent and has not committed any offence.
The victim in her statement recorded under Section 164 of
Cr.P.C. has said that she had eloped with the petitioner as she
was in a relationship with him. From medical report also, it
appears that the victim is major. The petitioner claims clean
antecedent.
Patna High Court CR. MISC. No.38104 of 2026(2) dt.16-06-2026
2/2
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Considering the facts and circumstances of the
case, this application for anticipatory bail stands allowed.
7. Accordingly, let the petitioner, above-named, in
the event of arrest or surrender within four weeks from today in
the Court below, be released on anticipatory bail on furnishing
bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with
two sureties of the like amount each to the satisfaction of
learned Court below where the case is pending/successor Court
in connection with Basantpur P.S. Case No. 231 of 2023, subject
to the conditions as laid down under Section 482(2) of the
B.N.S.S.
8. It is made clear that any observation made herein
is prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
sadique/-
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