Patna High Court
Mohan Lal Sharma @ Mohan Kumar SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
The Court rejected the petitioner's bail application.
Summary
Mohan Lal Sharma was arrested in connection with a kidnapping case involving the minor daughter of an informant, alleged under sections 96 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The petitioner claimed innocence, arguing that the victim’s statements recorded under sections 180 and 183 indicated she had gone to Delhi voluntarily and later returned at his advice. The State contended that the victim initially refused a medical examination, later alleged coercion, and a medical report showed sexual intercourse, raising serious concerns about the petitioner’s involvement. The High Court examined the credibility of the victim’s statements, the medical evidence, and the seriousness of the offences, and found the bail application untenable. Consequently, the Court rejected the bail petition but directed that the petitioner surrender within six weeks for the trial court to consider a surrender‑cum‑bail application.
Issues considered
- Whether bail/anticipatory bail should be granted to the petitioner under the Bharatiya Nyaya Sanhita, 2023.
- Whether the victim’s statements and medical evidence establish sufficient grounds to deny bail.
- Whether the alleged offences under sections 96 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, warrant denial of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 180, 183, 3(5), 96
Subjects
- bail
- anticipatory bail
- kidnapping
- minor
- sexual assault
- Bharatiya Nyaya Sanhita
- child welfare
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4945 of 2026
Arising Out of PS. Case No.-180 Year-2025 Thana- AAJAM NAGAR District- Katihar
======================================================
Mohan Lal Sharma @ Mohan Kumar Sharma Son of Lalbahadur Sharma
Resident of Village- Mangatpur, Ps- Azamnagar, Dist- Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Santosh Kumar, Advocate
For the Opposite Party/s : Mr.Jagdhar Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 04-02-2026 Heard learned Counsel for the petitioner and learned
APP for the State.
2. The petitioner who apprehends arrest in connection
with Azamnagar P.S. Case No. 180/2025 lodged on 08.06.2025,
for the offences punishable under sections 96, 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
3. As per the F.I.R. all the accused persons, in
connivance with each other, kidnapped the minor daughter of
the informant with the intention to marry her.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. The
antecedent of the petitioner is clean. The allegation is false and
fabricated. Learned counsel further submits that upon recovery
of the victim girl, her statements were recorded under Sections
Patna High Court CR. MISC. No.4945 of 2026(2) dt.04-02-2026
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180 and 183 of the B.N.S.S., 2023, wherein she stated that she
had gone to Delhi of her own free will. It is further stated that
after reaching Delhi, she contacted the petitioner over the
phone, whereupon the petitioner advised her to return home,
apprehending that her family members might otherwise lodge a
criminal case against him. The said facts have been duly
acknowledged in the order rejecting the bail application passed
by the learned Trial Court. It has also been noted therein that, as
per paragraph no. 17 of the case diary, the victim was recovered
from Katihar Railway Station.
5. Learned APP for the State vehemently opposes the
prayer for bail and submits that at the initial stage, the victim
had refused to undergo medical examination. After recording
her statement under Section 183 of the B.N.S.S., 2023, she was
produced before the CWC, Katihar, on the same day. However,
later in the evening on 18.06.2025, the victim filed an
application before the learned Trial Court stating that she had
declined to undergo medical examination earlier under the
influence of the accused persons. She prayed for permission for
her medical examination as well as for recording of her
statement. It is further submitted that since the victim is a minor
and as per the medical report, she has been subjected to sexual
Patna High Court CR. MISC. No.4945 of 2026(2) dt.04-02-2026
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intercourse.
6. In this background, this Court is not inclined to
grant bail to the petitioner. Accordingly, the prayer for bail of
the petitioner in connection with aforementioned case, pending
before the learned CJM, Katihar is hereby rejected.
7. However, if the petitioner surrenders before the
Trial Court within six weeks from today, the Trial Court is
directed to pass an order on his surrender-cum-bail application
on the same day, without being prejudiced by the fact that the
petitioner’s anticipatory bail has been rejected by this Court.
(Dr. Anshuman, J)
Ashwini/-
U T
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