Patna High Court

Ritik Kumar Thakur @ Ritik KumarversusThe State of Bihar

Decided: 19 March 2026
Disposal: ALLOWED
Bench: SUNIL DUTTA MISHRA

Holding

The Court granted bail to the petitioner subject to a bond and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Summary

The petitioner, Ritik Kumar Thakur, a 22‑year‑old, was arrested in a case registered under Sections 137(2) and 96 of the Bharatiya Nyaya Sanhita for allegedly kidnapping the minor daughter of an informant. The victim’s statement recorded under Section 183 of the same code indicated that she had voluntarily fled with the petitioner and married him, and the petitioner claimed innocence and a clean record except for one prior case that had been finalized. The State opposed bail, citing the seriousness of the kidnapping allegation. The Court examined the victim’s statement, the petitioner’s age, his prior antecedent, and the statutory provisions, and decided to release him on bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The order was pronounced by Justice Sunil Dutta Mishra of the Patna High Court.

Issues considered

Whether bail should be granted to the accused under Sections 137(2) and 96 of the Bharatiya Nyaya Sanhita considering the nature of the offence and the victim’s statement under Section 183.
Whether the petitioner’s age and prior criminal antecedent justify bail.
Whether the conditions prescribed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita are applicable.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
Bharatiya Nyaya Sanhita — s. 137(2), 183, 96

Subjects

bail
kidnapping
minor
criminal procedure
Bharatiya Nyaya Sanhita
Bharatiya Nagarik Suraksha Sanhita
Section 137(2)
Section 96
Section 183
Section 482(2)
age of accused
prior criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4092 of 2026
                        Arising Out of PS. Case No.-1 Year-2025 Thana- MORO District- Darbhanga
                 ======================================================
                 Ritik Kumar Thakur @ Ritik Kumar S/o Ram Naresh Thakur @ Naresh
                 Thakur R/o Vill- Bishanpur, Rajwara, P.S. - Moro, District - Darbhanga, Bihar

                                                                                   ... ... Petitioner/s
                                                       Versus


           1.    The State of Bihar
           2.    Vijay Mandal Son of Rudal Mandal Resident of Village- Madhopur, P.S-
                 Moro, District- Darbhanga (Bihar).

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Vinay Kumar Mishra, Advocate
                 For the Opposite Party/s :       Mr. Anil Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

3   19-03-2026                     Learned counsel for the petitioner is permitted to

                   make correction in the cause title of the bail application

                   regarding age of the petitioner.

                              2. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                             3.     The petitioner apprehends his arrest in a case

                   registered under Sections 137(2) and 96 of the Bharatiya Nyaya

                   Sanhita.

                              4. As per the F.I.R., allegation against the petitioner is

                   that he kidnapped the minor daughter of the informant.

                             5. Learned counsel appearing on behalf of the petitioner
Patna High Court CR. MISC. No.4092 of 2026(3) dt.19-03-2026
                                            2/3




          submits that petitioner is innocent and has falsely been

          implicated in the present case. Further submission is that the

          victim in her statement recorded under Section 183 of B.N.S.S.

          has not made any allegation against the petitioner and clearly

          stated that she herself fled away from her house with the

          petitioner and solemnized marriage with him. Petitioner is a

          young boy of 22 years. He has got one criminal antecedent in

          which police submitted final form and the same was accepted by

          the Court concerned. Petitioner undertakes to cooperate in the

          investigation and trial.

                        6. Learned A.P.P. for the State opposed the prayer for

          bail.

                        7. Having considered the facts and circumstances of

          the case, submissions of learned counsel for the parties, nature

          of allegation against the petitioner, statement of the victim

          recorded u/s 183 of B.N.S.S. and age of the petitioner, let the

          above named petitioner be released on bail, in the event of arrest

          or surrender before the learned court below within a period of

          six weeks from today, on furnishing bail bond of Rs.10,000/-

          (Rupees Ten Thousand) with two sureties of the like amount

          each to the satisfaction of learned Judicial Magistrate-I,

          Darbhanga in connection with Moro P.S. Case No. 01 of 2025,
            Patna High Court CR. MISC. No.4092 of 2026(3) dt.19-03-2026
                                                        3/3




                      subject to the conditions as laid down under Section 482(2) of

                      the Bharatiya Nagarik Suraksha Sanhita.



                                              (Sunil Dutta Mishra, J)
utkarsh/-

U       T

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