Patna High Court
Prakash MukhiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Bail was granted to the petitioner subject to a bond and sureties, based on the victim’s denial of the kidnapping allegation and the delay in filing the FIR.
Summary
The petitioner, Prakash Mukhiya, was arrested in connection with a FIR alleging kidnapping of a 16‑year‑old girl for illicit intercourse or marriage, under Sections 137(2) and 140(3) of the Bharatiya Nyaya Sanhita, 2023. During investigation the girl, as a victim‑witness, gave a statement under Section 180 of the Bharatiya Nagrik Suraksha Sanhita, 2023, asserting that she left her parental home of her own volition because she was in love with the petitioner and wished to live with him as a wife, thereby denying the kidnapping allegation. The petitioner’s counsel highlighted the three‑day delay in filing the FIR and the petitioner’s clean antecedents. The Additional Public Prosecutor opposed bail. The court, noting the victim’s own denial of the kidnapping and the procedural delay, directed that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS. The bail order was conditioned on surrender within four weeks and compliance with the stipulated sureties.
Issues considered
- Whether the petitioner is entitled to bail despite the FIR alleging kidnapping and sexual assault of a minor
- Whether the victim’s statement negating kidnapping and the delay in filing the FIR justify granting bail
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 180, 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 137(2), 140(3)
- Criminal Procedure Code — s. 438(2)
Subjects
- bail
- kidnapping
- minor
- victim statement
- delay in FIR
- Criminal Procedure Code
- Bharatiya Nyaya Sanhita
- Bharatiya Nagrik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42797 of 2026
Arising Out of PS. Case No.-141 Year-2025 Thana- BHAIRAVSHTHAN District-
Madhubani
======================================================
Prakash Mukhiya S/o Ganesh Mukhiya Resident of Village- Bharaul, PS-
Bhairvasthan, Distt.- Madhubani
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Ramchandra Jha Raman, Advocate
For the Opposite Party : Mr. Jitendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 07-07-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and
apprehending his arrest in connection with Bhairvasthan P.S.
Case No.141 of 2025 registered under Sections 137(2), 140
(3) of the Bharatiya Nyaya Sanhita, 2023 (in short (‘BNS’).
3. Allegation against the petitioner is to kidnap
minor daughter of informant aged about 16 years for the
purpose of illicit intercourse/ marriage with another person.
4. It is submitted by learned counsel appearing for
the petitioner that during the course of investigation, after
the recovery of daughter of informant, her statement under
Patna High Court CR. MISC. No.42797 of 2026(2) dt.07-07-2026
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Section 180 of BNSS was recorded, where she categorically
stated that she was in love with this petitioner and out of
love she left her parental home and also stated that she
want to live with this petitioner as a wife, negating the
allegation of kidnapping and sexual assault. It is also
submitted that the FIR was lodged with a delay of three days
without supplying any reasons and, moreover, petitioner is a
man of clean antecedent.
5. Learned APP has opposed the prayer of bail.
6. In view of the aforesaid facts and submission
and by taking note of fact as victim herself negates the
allegation of kidnapping and sexual assault saying that she
was in love with petitioner as discussed aforesaid,
accordingly, the petitioner, above-named, in the event of his
arrest or surrender in the court below within a period of four
weeks, is directed to be released on bail, on furnishing bail
bond of Rs.10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the
learned A.C.J.M. 1st Jhanjharpur, Madhubani in connection
with Bhairvasthan P.S. Case No.141 of 2025, subject to the
Patna High Court CR. MISC. No.42797 of 2026(2) dt.07-07-2026
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conditions as laid down under Section 438(2) of the Code of
Criminal Procedure (in short ‘CrPC’)/under Section 482(2) of
the Bhartiya Nagrik Suraksha Sanhita, 2023 (in short
‘BNSS’).
(Chandra Shekhar Jha, J.)
Aniket/-
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