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Patna High Court

Dilip DasversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court confirmed the provisional bail and allowed the petitioners to remain on the same bail bonds.

Summary

The petitioners, parents of the alleged main accused Gautam Kumar, applied for bail in a kidnapping case (Muffasil P.S. Case No. 175 of 2024) under Sections 137(2), 96 and 3(5) of the BNS. The prosecution alleged that the petitioners had abducted the victim girl. The petitioners' counsel argued that the girl had already been recovered and was unwilling to return with her parents, indicating that the petitioners had not participated in the kidnapping. The court examined the facts and the victim's statement, finding no substantive involvement by the petitioners. Consequently, the court confirmed the provisional bail previously granted on 12‑12‑2025 and ordered the petitioners to remain on the same bail bonds. The bail application was therefore allowed.

Issues considered

  • Whether the petitioners, alleged parents of the accused, are entitled to bail in the kidnapping case under Sections 137(2), 96 and 3(5) of the BNS

Legislation cited

  • BNS — s. 137(2), 3(5), 96

Subjects

  • bail
  • kidnapping
  • provisional bail
  • criminal procedure
  • section 137(2) BNS
  • section 96 BNS
  • section 3(5) BNS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.60880 of 2025
                       Arising Out of PS. Case No.-175 Year-2024 Thana- Mufassil District- Khagaria
                 ======================================================
           1.     Dilip Das S/O Late Suresh Das R/O Village- Durgapur, Ward No.6, P.S.-
                  Muffasil, Distt.- Khagaria
           2.    Rekha Devi W/O Dilip Das R/O Village- Durgapur, Ward No.6, P.S.-
                 Muffasil, Distt.- Khagaria

                                                                                     ... ... Petitioner/s
                                                         Versus
           1.    The State of Bihar Patna
           2.    Batoran Das Batoran Das S/o late Vishnu Das Vill-Durgapur P.s-Muffasil
                 Dist-Khagaria

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Ranjeet Kumar Singh
                 For the Opposite Party/s :        Mr.Kumar Veerendra Narayan
                                                   Mr. Jharkhandi Upadhyay
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

7   27-02-2026                    Heard the parties.

                                2. The petitioner seeks bail in connection with

                   Muffasil P.S. Case No. 175 of 2024 registered for the offence

                   under Sections 137(2), 96, 3(5) of the BNS.

                                3. As per the prosecution case, the petitioners are the

                   parent of the main accused Gautam Kumar and they are said to

                   have abducted the victim girl.

                                4. It has been submitted by the learned counsel for the

                   petitioners that the victim girl has already been recovered and he

                   further submits that she is not ready to go with her parents and

                   she has said that the petitioners has not played any role in her
          Patna High Court CR. MISC. No.60880 of 2025(7) dt.27-02-2026
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                    kidnapping.

                                 5. In view of the above, this application is allowed

                    and the provisional bail granted to the petitioners vide order

                    dated 12.12.2025 is hereby confirmed.

                                 6. The petitioners shall remain on the same bail bonds

                    as executed by them at the time of provisional bail.



                                                               (Sandeep Kumar, J)
Vikas/-

U


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