Patna High Court
Rohit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
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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