Patna High Court
Ramji KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner subject to a bail bond and sureties.
Summary
Ramji Kumar was arrested in a case alleging kidnapping of a minor girl for marriage under Sections 96, 3532 and 3(5) of the B.N.S., 2023. The victim, in a statement recorded under Section 183 of the same Act, denied being kidnapped and said she voluntarily left home to marry the petitioner. The petitioner sought anticipatory bail, arguing innocence, while the State opposed the relief. The Court considered the victim's statement and the lack of evidence of kidnapping, and exercised its inherent powers under Section 482 of the B.N.S., 2023. It granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties, subject to conditions laid down by the Special Judge (POCSO Act).
Issues considered
- Whether anticipatory bail can be granted in a case alleging kidnapping for marriage under the B.N.S., 2023
- Whether the victim's statement under Section 183 negates the charge of kidnapping
- Whether the Court can invoke its inherent powers under Section 482 to discharge the petitioner on bail
Legislation cited
- B.N.S., 2023 — s. 183, 3(5), 3532, 482, 96
Subjects
- anticipatory bail
- kidnapping
- marriage
- victim statement
- Section 183
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51591 of 2025
Arising Out of PS. Case No.-58 Year-2025 Thana- BELSAND District- Sitamarhi
======================================================
Ramji Kumar S/O Ramesh Ram R/O Village- Olipur, Ward No.10, P.S.-
Belsand, District- Sitamarhi
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sajra Khatoon W/O Md Nasrul Ali R/O Village- Prarahi, Ward No.01, P.S.-
Belsand, District- Sitamarhi
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Krishna Murari
For the Opposite Party/s : Mr.Aditya Narayan Singh.1
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
5 08-01-2026 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 offence under Sections 96, 3532, 3(5) of the
B.N.S., 2023.
3. As per F.I.R., petitioner is alleged to have
kidnapped the minor daughter of informant for the purpose of
marriage.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. The victim,
in her statement recorded under Section 183 of B.N.S.S., has
denied the factum of kidnapping and stated that no one has
kidnapped her. She has specifically stated that she was in love
with this petitioner and her parents wanted to marry her with
Patna High Court CR. MISC. No.51591 of 2025(5) dt.08-01-2026
2/2
another boy and as such, she left her house, went to Delhi with
petitioner and solemnized marriage with him and both started
living together as husband and wife.
5. Learned A.P.P. for the State has opposed the prayer
for anticipatory bail.
6. Considering the statement of the victim recorded
under 183 of B.N.S.S., the prayer for anticipatory bail of
petitioner is allowed.
7. Accordingly, in the event of arrest/surrender before
the Court concerned within a period of eight weeks from today,
let the above named petitioner be enlarged on bail on furnishing
bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of learned A.D.J. IV-cum-
Special Judge (POCSO Act), Sitamarhi in connection with
Belsand P.S. Case No. 58 of 2025, subject to condition as laid
down under Section 482 of the B.N.S.S., 2023.
(Prabhat Kumar Singh, J)
anay
U T
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