Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The Court held that bail should be granted to the petitioner.
Summary
Petitioner Rahul Kumar was arrested in Hilsa P.S. Case No. 179 of 2025 for alleged kidnapping of a minor girl, the informant's granddaughter, under sections 96, 351(2) and 3(5) of the B.N.S. The victim’s statement under Section 183 indicated she voluntarily left her home to avoid a forced marriage and went with the petitioner to marry him, denying any enticement or physical relationship. The petitioner argued innocence, lack of evidence of kidnapping, and a four‑day delay in filing the FIR. The State and a co‑accused opposed bail, emphasizing the victim’s minority. The Court, noting the victim’s own testimony and absence of any alleged misbehavior, granted regular bail on condition of a bond and sureties. The application for bail was therefore allowed.
Issues considered
- Whether the facts alleged constitute an offence under sections 96, 351(2) and 3(5) of the B.N.S.
- Whether the petitioner is entitled to regular bail despite the victim being a minor
- Whether the victim’s statement negates the element of enticement required under section 137(2) of the B.N.S.
Legislation cited
- B.N.S. — s. 137, 183, 3, 351, 96
Subjects
- regular bail
- kidnapping
- minor victim
- enticing
- marriage
- B.N.S. sections 96, 351(2), 3(5)
- Section 183 statement
- Section 137(2) element
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.449 of 2026
Arising Out of PS. Case No.-179 Year-2025 Thana- HILSA District- Nalanda
======================================================
Rahul Kumar S/o Ramdahin Mistre @ Ramadhin Mistry R/o Village - Alipur,
P.S - Hilsa, District - Nalanda
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXXX S/o Late Lakhan Prasad Resident of - Alipur, P.S - Hilsa, District -
Nalanda
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Sharma, Advocate
For the State : Mr. Nirmala Kumari, APP
For the O.P. No. 2 : Mr. Shyamal Prakash, Advocate
Mr. Raushan Raj, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 19-03-2026 Heard learned counsel for the petitioner, learned
counsel for the O.P. No. 2 and learned A.P.P for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Hilsa P.S. Case No. 179
of 2025 registered for the offences punishable u/s 96, 351(2) and
3(5) of the B.N.S.
3. As per the prosecution case, the petitioner is alleged
to have kidnapped the minor grand-daughter of the informant.
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in
this case. It has further been submitted that there is a delay of
four days in lodging the FIR without giving any plausible reason
Patna High Court CR. MISC. No.449 of 2026(3) dt.19-03-2026
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for the same. Pursuant to the order dated 15.01.2026, it is
evident that the case diary and statement of the victim under
Section 183 of the B.N.S.S, has been called for and in such
statement she has stated that her parents were trying to forcibly
marry her and she objected the same. Further, she stated that on
30.04.2025 the persons were coming to see her for the purpose
of marriage. Therefore, on 28.04.2025 at 07:00 P.M., she went
out, called the petitioner and expressed her desire to join the
company of the petitioner Thereafter, both of them took an auto
rickshaw to Patna and subsequently, they went to Ranchi and
performed their marriage on 01.05.2025 in a Tempo.
5. Learned counsel for the petitioner referring to the
Statement of the victim under Section 183 of the B.N.S.S., has
submitted that there is no element of enticing or taking away as
provided under section 137(2) B.N.S so as constitute an offence
under Section 96 of the B.N.S. Moreover, there is no allegation
as per the statement of victim girl that any physical relationship
was established and the petitioner is custody since 23.05.2025
and has got no criminal antecedent. It is lastly submitted that the
charges have been framed and the petitioner undertakes to co-
operate in the trial.
6. Learned APP for the State and learned counsel for
Patna High Court CR. MISC. No.449 of 2026(3) dt.19-03-2026
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the O.P. No. 2 have vehemently opposed the prayer for bail of
the petitioner and submitted that the victim is a minor girl as per
the school certificate.
7. Considering the aforesaid submissions of the
parties and also considering the fact that the victim has not
alleged any misbehavior against the petitioner and no physical
relationship was established between them, let the petitioner
above-named, be enlarged on bail on furnishing bail-bonds of
Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the
like amount each to the satisfaction of learned Court concerned,
Nalanda, in connection with Hilsa P.S. Case No. 179 of 2025.
8. The application stands allowed.
(Praveen Kumar, J)
Jyoti/-
U T
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