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Patna High Court

Ravi Kumar Roy @ Ravi Kr RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioner on the basis of the victim’s voluntary statement, the general nature of the accusation, and the petitioner’s clean antecedents.

Summary

The petitioner, Ravi Kumar Roy, sought anticipatory bail fearing arrest in a case registered under Sections 137(2), 87 and 96 of the B.N.S. for allegedly kidnapping a 16‑year‑old girl for marriage. The prosecution alleged the kidnapping occurred on 1 March 2025, while the victim’s statement under Section 183 of the B.N.S.S. claimed she left home voluntarily due to her father’s opposition to her education. The petitioner asserted his innocence, highlighted his clean antecedents, and argued that the victim’s statement undermined the kidnapping allegation. The State opposed the bail application. The Court, considering the general nature of the accusation, the victim’s voluntary statement, and the petitioner’s clean record, granted anticipatory bail subject to a bond of Rs.10,000 and two sureties, under Section 482(2) of the B.N.S.

Issues considered

  • Whether anticipatory bail should be granted in a case alleging kidnapping of a minor for marriage under Sections 137(2), 87 and 96 of the B.N.S.
  • Whether the victim’s voluntary statement under Section 183 of the B.N.S.S. negates the prosecution’s kidnapping allegation.
  • Whether the petitioner’s clean antecedents justify the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • kidnapping
  • minor
  • marriage
  • victim statement
  • clean antecedents
  • Section 482
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.67721 of 2025

                        Arising Out of PS. Case No.-38 Year-2025 Thana- BARSOI District- Katihar
                 ======================================================
                 Ravi Kumar Roy @ Ravi Kr Rai S/o Satarwa Rai @ Sataru Rai R/o village -
                 Imadpur, P.S. - Barsoi, Dist. - Katihar

                                                                                    ... ... Petitioner/s
                                                        Versus

           1.    The State of Bihar
           2.    Naresh Sharma S/o Late Logen Sharma R/o Vill- Bajidpur, P.S.- Barsoi,
                 Distt- Katihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :        Md. Qumrul Hoda, Advocate
                 For the State           :        Mr. Pradeep Narain Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   13-01-2026                  Heard learned counsel appearing on behalf of the

                   petitioner and learned APP appearing on behalf of the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Sections 137(2), 87

                   and 96 of the B.N.S..

                                3. The prosecution case, in brief, is that on 01.03.2025

                   at about 6 AM, this petitioner kidnapped the 16 year old minor

                   daughter of informant for the purpose of marriage.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that petitioner is quite innocent and has
Patna High Court CR. MISC. No.67721 of 2025(3) dt.13-01-2026
                                            2/3




          committed no offence. The victim in her statement recorded

          under Section 183 of the B.N.S.S. has not supported the

          prosecution case and has categorically stated that due to her

          father’s disapproval of her higher education, she left her

          parental house, out of her own sweet will, for Patna to live with

          her friend on her own accord. Petitioner claims clean

          antecedents.

                        5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of anticipatory bail to the

          petitioner.

                        6. Considering the facts and circumstances of the

          case, general and omnibus nature of accusation, statement of the

          victim recorded under Section 183 of the B.N.S.S. and clean

          antecedents of the petitioner, the prayer for grant of anticipatory

          bail to the petitioner is allowed.

                        7. Accordingly, in the event of arrest/surrender 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.C.J.M.-1st, Katihar in

          connection with Barsoi P.S. Case No. 38 of 2025, subject to
             Patna High Court CR. MISC. No.67721 of 2025(3) dt.13-01-2026
                                                         3/3




                       condition as laid down under Section 482(2) of the B.N.S.S..



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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