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Patna High Court

Babban Singh @ Baban Singh @ Babban Kumar @ Baban Kumar @ Baban Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that anticipatory bail may be granted to the petitioner as the victim has been recovered and the alleged kidnapping involves a consensual relationship, subject to conditions under Section 482 BNSS and Section 438(2) CrPC.

Summary

The petitioner, Babban Singh, father of the alleged kidnapper Sharvan Kumar, sought anticipatory bail in a case (Nayagaon PS Case No. 91 of 2024) filed under Sections 137(2) and 140(3) of the Bharatiya Nyaya Sanhita. The prosecution alleged kidnapping of a girl, but the victim was later recovered and it emerged that she and the accused were in a consensual relationship. The State opposed the bail, while the petitioner’s counsel argued that the father should not be arrested. The High Court, noting the recovery of the victim and the nature of the relationship, allowed the anticipatory bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 482 of the BNSS and Section 438(2) of the CrPC. The order was limited to the bail application and did not prejudice the merits of the trial.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner, who is the father of the alleged kidnapper, under Sections 137(2) and 140(3) of the Bharatiya Nyaya Sanhita.
  • Whether the consensual relationship between the victim and the accused negates the necessity of arresting the petitioner.

Legislation cited

Subjects

  • anticipatory bail
  • kidnapping
  • Bharatiya Nyaya Sanhita
  • Criminal Procedure Code
  • consensual relationship
  • father of accused
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.41935 of 2026
                     Arising Out of PS. Case No.-91 Year-2024 Thana- NAYAGAON District- Begusarai
                 ======================================================
                 Babban Singh @ Baban Singh @ Babban Kumar @ Baban Kumar @ Baban
                 Kumar Singh Son of Ramjee Singh @ Ramji Singh Resident of Village
                 -Nayagaon Ward NO. 2, P.S. -Nayagaon, District -Begusarai


                                                                                  ... ... Petitioner/s
                                                       Versus

           1.    The State of Bihar

           2.    XXX Son of YYY Resident of Village -Nayagaon P.S. -Nayagaon, District
                 -Begusarai


                                                                            ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr.Sanjeev Kumar, Advocate
                 For the State           :        Mr.Shantanu Kumar, APP

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   08-07-2026                     Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                  2. The petitioner apprehends arrest in connection

                   with Nayagaon P.S. Case No. 91 of 2024 instituted under

                   Sections 137(2) and 140(3) of the Bharatiya Nyaya Sanhita.

                                  3. As per the prosecution case, the allegation against

                   the accused persons is of kidnapping the victim girl.

                                  4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.41935 of 2026(2) dt.08-07-2026
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          petitioner is the father of the main accused Sharvan Kumar

          who is said to have kidnapped the victim girl. It is further

          submitted that the victim girl has been recovered safely.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       6. Considering the fact that during investigation, it

          has come that the victim and the main accused Shavan Kumar

          was in a relationship and the petitioner is the father of the main

          accused, this application is allowed.

                       7. Accordingly, in the event of arrest or surrender

          before the Court below within six weeks from today, the

          petitioner, above named, be released on bail upon furnishing

          bail bonds of Rs.10,000/- (ten thousand) with two sureties of the

          like amount each to the satisfaction of the learned District &

          Additional Sessions Judge-VI-cum- Special Judge, POCSO Act,

          Begusarai/ concerned Court below in connection with Nayagaon

          P.S. Case No. 91 of 2024, subject to the conditions laid down in

          Section 482 of the BNSS/ 438(2) of the Code of Criminal

          Procedure, 1973.

                       8. It is, however, clarified that the observations made

          herein are limited to the adjudication of the present bail

          application and shall not prejudice the case of the petitioner at
           Patna High Court CR. MISC. No.41935 of 2026(2) dt.08-07-2026
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                     any subsequent stage of the trial and this Court has not express

                     any opinion on the merits of the case.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T


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