Patna High Court
Ravi Kumar Roy @ Ravi Kr RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
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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
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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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