Patna High Court

Randhir KumarversusThe State of Bihar

Decided: 17 March 2026
Disposal: BAIL GRANTED
Bench: SATYAVRAT VERMA

Holding

Anticipatory bail was granted to the petitioner subject to bond and surety conditions under Section 482(2) of the BNSS.

Summary

The petitioner, Randhir Kumar, sought anticipatory bail fearing arrest in a case registered under Sections 61(2), 352, 351(2) and 96 of the Bharatiya Nyaya Sanhita for alleged kidnapping of a minor girl. He contended that the allegation was false, stating that he and the girl were in a consensual relationship, had eloped, and later married, as evidenced by a marriage certificate annexed to the bail application. The complainant filed the complaint more than 112 days after the alleged incident, and the victim later gave a statement under Section 183 BNSS confirming her age as 18 and the marriage. The State opposed the anticipatory bail, arguing the seriousness of the offences. The Court, after considering the submissions, granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) BNSS, directing release if arrested within six weeks.

Issues considered

Whether anticipatory bail should be granted in a case involving alleged kidnapping, assault and other offences under the BNSS.
Whether the delay of over 112 days in filing the complaint impacts the grant of bail.
Whether the existence of a marriage and the victim's consent negate the alleged kidnapping under the relevant sections.

Legislation cited

Bharatiya Nyaya Sanhita — s. 183, 351(2), 352, 482(2), 61(2), 96

Subjects

anticipatory bail
kidnapping
false implication
marriage
delay in complaint
Bharatiya Nyaya Sanhita
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4682 of 2026
                    Arising Out of PS. Case No.-127 Year-2025 Thana- BHAGWANPUR District- Vaishali
                 ======================================================
                 Randhir Kumar S/o Rajesh Chaudhary R/o Village - Kauwa Mohammadpur,
                 P.S - Lalganj, District - Vaishali

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Nalin Kumar
                 For the Opposite Party/s :       Mr.Tarun Prasad Mandal
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   17-03-2026               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 61(2), 352,

                   351(2) and 96 of the Bharatiya Nyaya Sanhita.

                             3.    Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and the informant

                   alleges that petitioner kidnapped his minor daughter.

                             4.    Learned counsel for the petitioner submits that

                   petitioner has been falsely implicated in the instant case by the

                   informant. It is next submitted that the petitioner and the victim

                   were in love and they eloped. It is also submitted that the date

                   of occurrence is 20-11-2025 and complaint case came to be filed

                   on 12-3-2025 before the learned CJM and based on which FIR
              Patna High Court CR. MISC. No.4682 of 2026(2) dt.17-03-2026
                                                          2/2




                        came to be instituted on 8-5-2025, i.e., the complaint case was

                        filed after a delay of more than 112 days. It is next submitted

                        that victim came back and her statement was recorded under

                        Section 183 BNSS, wherein she disclosed her age as 18 years

                        and stated that she married Randhir. It is also submitted that

                        Marriage Certificate is annexed as Annexure-2 to the

                        anticipatory bail application.

                                 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 for the petitioner, 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 the learned trial

                        court where the case is pending/successor court in connection

                        with Bhagwanpur P.S. Case No. 127 of 2025, subject to the

                        conditions as laid down under Section 482 (2) of the BNSS.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T

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