Patna High Court
Babban Singh @ Baban Singh @ Babban Kumar @ Baban Kumar @ Baban Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bharatiya Nyaya Sanhita — s. 137(2), 140(3), 482
- Criminal Procedure Code — s. 438(2)
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
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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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