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Patna High Court

Rohit KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner subject to conditions.

Summary

The petitioner, Rohit Kumar, applied for regular bail in a case registered under Sections 137(2), 96 and 3(5) of the BNS, alleging kidnapping of an informant's daughter for marriage. The victim, aged 18, gave a statement under Section 183 of the BNSS indicating she left home due to her father's behavior and did not support the prosecution. The petitioner claimed innocence and false implication, having been in custody since 07-04-2025. The State opposed bail. The court, after considering the facts, ordered the petitioner’s release on bail of Rs.10,000 with two sureties, subject to cooperation with the trial.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the serious nature of the alleged kidnapping offences under the BNS.

Legislation cited

  • BNS — s. 137(2), 3(5), 96

Subjects

  • regular bail
  • kidnapping
  • criminal procedure
  • BNS
  • Section 137(2)
  • Section 96
  • Section 3(5)
  • victim statement
  • age assessment

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.50526 of 2025
                    Arising Out of PS. Case No.-222 Year-2024 Thana- MEHSI District- East Champaran
                 ======================================================
                 Rohit Kumar S/O Ramesh Singh Resident of village- Kuankheda, P.S.-
                 Bachhrayu, Dist.- Amroha, U.P.
                                                                   ... ... Petitioner/s
                                                Versus
           1.     The State of Bihar
           2.     Rakesh Kumar S/O Late Samarjeet Prasad Kushwaha R/O Vill.- Kothiya
                  hareram, Ward no. 3, P.S.- Mehsi, Dist.- East Champaran.
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Abhishek Kumar
                                                  Mr. Hemant Ray
                 For the Opposite Party/s :       Mr.Dr. Kumar Uday Pratap
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

3   08-01-2026                     Heard learned counsel for the petitioner as well as

                   learned APP for the State.

                                    2. In this case, the petitioner is seeking regular bail

                   in connection with Mehsi P.S. Case No. 222 of 2024, registered

                   for the offences punishable under Sections 137(2), 96, 3(5) of

                   the BNS.

                                    3. As per allegation, the petitioner kidnapped the

                   daughter of the informant for the purpose of marriage.

                                 4. The learned counsel for the petitioner has submitted

                   that the petitioner is innocent and has falsely been implicated in

                   this case. The victim did not support the prosecution case in her

                   statement recorded under Section 183 of the BNSS. She stated

                   in her statement that the behaviour of her father was not good
           Patna High Court CR. MISC. No.50526 of 2025(3) dt.08-01-2026
                                                       2/2




                     towards her and it was the reason that she went out of her house.

                     The victim stated her age as 18 years and the Magistrate who

                     recorded the statement also assessed her age as 18 years. The

                     petitioner has been in custody since 07.04.2025.

                                  5. On the other hand, the learned APP for the State has

                     opposed the prayer for bail.

                                    6. Considering the above-mentioned facts and

                     circumstances, let the petitioner above-named be released on

                     bail on furnishing bail bonds of Rs.10,000/- with two sureties

                     of the like amount each to the satisfaction of learned J.M.-Ist

                     Class, East Champaran, Motihari in connection with Mehsi P.S.

                     Case No. 222 of 2024, subject to the condition that the

                     petitioner shall cooperate in the disposal of trial and make

                     himself available as and when required by the court.


                                          (Nawneet Kumar Pandey, J)

Nirmal/-
U      T


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