Patna High Court
Daulat Kr. Ray @ Daulat RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that anticipatory bail is warranted as the petitioner appears to have been falsely implicated and the victim’s statement does not support the prosecution.
Summary
The petitioner, Daulat Kr. Ray, sought anticipatory bail fearing arrest in a case registered under Sections 96, 3(5) and 351(2) of the B.N.S.S. alleging kidnapping of a minor girl, who the petitioner claims is his wife. The informant alleged the girl was kidnapped on 2 November 2025, but the petitioner contended that the couple had eloped and later married, and that the victim’s statement recorded under Sections 180 and 183 BNSS supported this. The petitioner argued he has a clean antecedent and that the allegations were fabricated to give seriousness to the case. The State opposed the bail, maintaining the seriousness of the offences. The Court, after considering the petitioner's claim of false implication and the victim’s supportive statement, granted anticipatory bail subject to conditions under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 Cr.P.C.
- Whether the allegations of kidnapping and related offences constitute a ground to deny bail.
- Whether the victim’s statement under Sections 180 and 183 BNSS negates the prosecution’s case.
- Whether the petitioner’s apprehension of arrest is justified given the facts.
Legislation cited
- B.N.S.S. — s. 180, 183, 3(5), 351(2), 482(2), 96
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- false implication
- kidnapping
- marriage
- Criminal Procedure Code
- B.N.S.S.
- Section 438
- Section 482
- Section 96
- Section 351
- Section 180
- Section 183
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45381 of 2026
Arising Out of PS. Case No.-303 Year-2025 Thana- KADWA District- Katihar
======================================================
Daulat Kr. Ray @ Daulat Ray S/O Ganesh Ray R/O Karari, Titanga, P.S.-
Gopalpur, Distt- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar Singh, Advocate
For the Opposite Party/s : Mr. Uma Shankar Prasad Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 14-07-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 96, 3(5)
and 351(2) of the BNS.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and the informant
alleges that his minor daughter was kidnapped by the petitioner
on 02.11.2025, with whom she was on talking terms, further
informant called on the mobile of petitioner but the same was
switched off, next alleges that on 06.11.2025 he went to the
house of the petitioner, where his family members disclosed that
petitioner has married the victim and they have gone out and
the victim would be sent back to her parental home till
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10.11.2025, but the victim did not come back.
4. Learned counsel appearing on behalf of the
petitioner submits that petitioner has been falsely implicated in
the instant case by the informant. It is further submitted that
petitioner and the victim were in love and they eloped, it is also
submitted that victim came back and her statement was recorded
under section 180 and 183 BNSS wherein she has not supported
the case of prosecution rather has stated that she married the
petitioner. It is also submitted that specific pleading has been
made at para 14 of the anticipatory bail application that victim
presently is staying with her husband. It is also submitted that
though informant alleges that victim was a minor but then said
allegation has been made only to give seriousness to the case
without any documentary evidence.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel appearing on behalf of the petitioner, let the petitioner,
above-named, in the event of his arrest or surrender within a
period of six weeks from today, be released on anticipatory bail
on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.45381 of 2026(2) dt.14-07-2026
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the learned Trial Court where the case is pending/Successor
Court in connection with Kadwa P.S. Case No. 303 of 2025,
subject to the conditions as laid down under Section 438(2) of
the Cr.P.C./482(2) of the B.N.S.S.
(Satyavrat Verma, J)
vikram/-
U T
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