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Patna High Court

Raju KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

  • B.N.S. — s. 115(2), 126(2), 3(5), 351(2), 352, 96
  • B.N.S.S. — s. 183

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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