Patna High Court
Krishan Nandan Rai @ Krishannandan RaiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The court allowed the anticipatory bail application, directing release on bail upon furnishing bond and sureties.
Summary
The petitioners, parents of the alleged kidnapper Hari Om Kumar, applied for anticipatory bail in a case registered under Sections 137(2), 96, 352 and 351(2) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the petitioners were complicit in the kidnapping of a girl who later eloped with Hari Om Kumar and was apprehended in Delhi. The petitioners contended they were innocent and had no role in the offence. The State opposed the bail, arguing the petitioners were liable under the cited sections. After considering the victim's statement under Section 183 BNSS, the court held that the petitioners were not directly involved and granted anticipatory bail subject to bond and surety conditions under Section 482(2). The order directed their release on furnishing a Rs.10,000 bond with two sureties each.
Issues considered
- Whether the petitioners are liable under Sections 137(2), 96, 352 and 351(2) of the Bharatiya Nyaya Sanhita, 2023 in the kidnapping case.
- Whether anticipatory bail can be granted to the petitioners despite the pending charges.
- Whether the victim's statement under Section 183 BNSS affects the grant of anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 137(2), 183, 351(2), 352, 482(2), 96
Subjects
- anticipatory bail
- kidnapping
- Bharatiya Nyaya Sanhita
- Section 137(2)
- Section 96
- Section 352
- Section 351(2)
- Section 183
- Section 482(2)
- parents of accused
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46952 of 2025
Arising Out of PS. Case No.-140 Year-2024 Thana- GANGABRIDGE District- Vaishali
======================================================
1. Krishan Nandan Rai @ Krishannandan Rai S/o- Dihu Rai Village- SAraipur
Ps- Gangabridge Dist- Vaishali
2. Sukhiya Devi @ Sukhiya Devi W/o- Krishan Nandan Rai @ Krishannandan
Rai Village- SAraipur Ps- Gangabridge Dist- Vaishali
... ... Petitioner/s
Versus
1. The State of Bihar
2. Urmila Devi W/o Vinod Rai village Diwantok P S Ganga Bridge Dist Vaisali
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rudal Singh, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Singh, APP
For the O.P. No. 2 : Mr. Amar Nath Deo, Advocate
Mr. Shivjee Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 17-01-2026 Heard the learned counsel for the petitioner, learned
APP for the State and the learned counsel for the informant.
2. The petitioners apprehend arrest in connection with
Ganga Bridge P.S. Case No. 140 of 2024 registered for offences
under Sections 137(2), 96, 352, 351(2) of the Bharatiya Nyaya
Sanhita, 2023.
3. As per the prosecution case, the petitioners are the
parents of the main accused Hari Om Kumar, who is alleged to
have kidnapped the victim girl.
4. Learned counsel for the petitioners submits that
petitioners are quite innocent and have not committed any
offence. He further submits that the victim girl herself fled away
Patna High Court CR. MISC. No.46952 of 2025(5) dt.17-01-2026
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with the son of the petitioners.
5. Learned APP for the State and the learned counsel
for the informant have vehemently opposed the prayer for bail.
6. Considered the submissions of the parties. From the
statement of the victim girl recorded under Section 183 BNSS,
it appears that the victim girl had eloped with the main accused
Hari Om Kumar and was caught in Delhi.
7. In view of the aforesaid, this application for
anticipatory bail stands allowed.
8. Accordingly, let the petitioners, above-named, in
the event of their arrest or surrender within four weeks from
today in the Court below, be released on bail on furnishing bail
bonds of Rs.10,000/- (Rupees ten thousand) each with two
sureties of the like amount each to the satisfaction of learned
Chief Judicial Magistrate, Vaishali at Hajipur/concerned Court
below in connection with Ganga Bridge P.S. Case No. 140 of
2024, subject to the conditions as laid down under Section
482(2) of the BNSS.
(Sandeep Kumar, J)
Shishir/-
U T
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