Patna High Court
Raju KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner, finding no sufficient ground to deny release.
Summary
Raju Kumar was arrested in connection with a kidnapping case (PS Case No. 222 of 2025) alleging offences under Sections 126(2), 115(2), 96, 352, 351(2) and 3(5) of the B.N.S. The informant's 17½‑year‑old daughter was reported missing but was later recovered and, under Section 183 of the B.N.S.S., stated she had voluntarily married Kush Sardar and was not kidnapped, making no mention of the petitioner. The petitioner, claiming innocence and no prior criminal record, applied for bail while the State opposed the relief. After hearing both sides, the Court noted the victim’s voluntary statement and the lack of any incriminating allegation against the petitioner, and consequently ordered that bail be granted on a bond of Rs.10,000 with two sureties. The petitioner was thus released from judicial custody pending trial.
Issues considered
- Whether the petitioner is entitled to bail despite the serious charges under the B.N.S.
- Whether the victim’s voluntary statement under Section 183 of the B.N.S.S. negates the kidnapping allegation against the petitioner
Legislation cited
Subjects
- bail
- kidnapping
- false implication
- victim statement
- criminal procedure
- B.N.S.
- B.N.S.S.
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62563 of 2025
Arising Out of PS. Case No.-222 Year-2025 Thana- TRIVENIGANJ District- Supaul
======================================================
Raju Kumar, S/o Suresh Sardar, Resident of Village- Charnai, Ward No 07,
PS- Rajeshwari (Tribeniganj), District- Supaul, State- Bihar
... ... Petitioner/s
Versus
1. The State of Bihar
2. Satish Kumar Sah @ Satish Kumar Mehta, S/o Guru Prasad Sah, R/o vill -
Gonha, Ward no. 5, P.S.- Triveniganj, Distt.- Supaul, Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kuldeep Kumar, Advocate
For the Opposite Party/s : Mr. Md. Mushtaque Alam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
4 13-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection with
Triveniganj P.S. Case No. 222 of 2025 registered for the offence
punishable under Sections 126(2), 115(2), 96, 352, 351(2) and 3(5)
of B.N.S.
3. The case of the prosecution, in short, is that the
daughter of the informant aged about 17 ½ years was missing. The
informant came to know that the victim has been kidnapped by the
petitioner.
4. Learned counsel appearing on behalf of the petitioner
has submitted that petitioner is innocent and has committed no
offence. He has been falsely implicated in this case. During course
Patna High Court CR. MISC. No.62563 of 2025(4) dt.13-01-2026
2/2
of investigation, the victim was recovered and she has given her
statement under Section 183 of the B.N.S.S. wherein she has
stated that she has solemnized marriage with Kush Sardar and she
has categorically stated that nobody has kidnapped her. She has
gone with her own will. It has further been submitted by learned
counsel for the petitioner that the victim has not named the
petitioner in her statement under Section 183 of the B.N.S.S.
rather all the allegations are against one Kush Sardar. Petitioner is
having no criminal antecedent and he is languishing in judicial
custody since 04.05.2025.
5. Learned APP appearing for the State has vehemently
opposed the application for bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail bond
of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the
like amount each to the satisfaction of the learned A.C.J.M. 1 st,
Supaul in connection with Triveniganj P.S. Case No. 222 of 2025.
(Ashok Kumar Pandey, J)
lata/-
U T
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