Patna High Court
Navin Ray @ Navin Kumar @ Navin RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner.
Summary
Navin Ray was arrested in connection with an alleged kidnapping of the informant’s daughter on 10 March 2025, an offence alleged under Sections 137(2), 96 and 3(5) of the BNS, 2023 and Section 12 of the POCSO Act. The victim later claimed she had voluntarily eloped with the co‑accused, Ashok Ray, and even married him in Nepal, recording statements under Section 183 of the BNSS, 2023. The petitioner contended that he was falsely implicated and sought anticipatory bail under Section 438 of the CrPC. The State opposed bail, relying on the victim’s statements that supported the prosecution’s case. Considering the victim’s repeated elopement and the nature of the allegations, the court granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs 10,000 with two sureties, subject to the conditions of Sections 438(2) CrPC and 482(2) BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in view of the kidnapping and POCSO allegations.
- Whether the victim’s statements under Section 183 BNSS, indicating voluntary elopement and marriage, affect the merit of the bail application.
- Whether the nature of the offences under the BNS, 2023 and the POCSO Act warrants denial of bail.
Legislation cited
- BNS, 2023 — s. 137(2), 183, 3(5), 482(2), 96
- Code of Criminal Procedure, 1973 — s. 438(2)
- POCSO Act — s. 12
Subjects
- anticipatory bail
- kidnapping
- POCSO Act
- Section 438 CrPC
- Section 183 BNSS
- BNS 2023
- adolescent love
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68484 of 2025
Arising Out of PS. Case No.-290 Year-2025 Thana- DUMRA District- Sitamarhi
======================================================
Navin Ray @ Navin Kumar @ Navin Rai S/O Dharam Nath Rai R/O Village-
Dhanushi, P.S- Dumra, Sitamarhi, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Kameshwar Ray @ Kamesh Ray S/O Mahesh Ray R/O Village- Dhanushi,
P.S- Dumra, Distt.- Sitamarhi.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Smiti Bharti
For the Opposite Party/s : Mr. Nawal Kishore Pd., App.
For the Informant : Mr. Uday Kumar, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
4 26-02-2026 1. Heard learned Counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail,
arises out of Dumra Police Station Case No. 290 of 2025,
disclosing offences under Sections 137(2), 96, 3(5) of the BNS,
2023 and Section 12 of the POCSO Act.
3. As per the prosecution case, the petitioner along
with co-accused Ashok Ray kidnapped the daughter of the
informant on 10.03.2025 when she went to attend the nature's
call.
Patna High Court CR. MISC. No.68484 of 2025(4) dt.26-02-2026
2/4
4. Mr. Radha Shyam Sharma, learned counsel for
the petitioner, submits that the petitioner has not committed any
offence in the manner alleged and he has falsely been implicated
in this case on account of the fact that the co-accused was
having love relationship with the victim girl and the victim girl
eloped with him on the date of occurrence. This is a case of
adolescent love. The girl came back on the next date, that is, on
11.03.2025 on her own before the police and stayed with her
parents. After three months of her coming back, statement under
section 183 of the BNSS, 2023, was recorded on 14.06.2025,
wherein she has said against the co-accused and the petitioner.
The statement given by the victim girl on 14.06.2025 is tutored
inasmuch as after some time of recovery, the victim girl again
eloped with co-accused Ashok Ray for which another FIR
bearing Dumra PS Case No. 346 of 2025 was lodged on
19.07.2025. This time the girl was recovered from the custody
of Ashok Ray and her statement was also recorded under
Section 183 of the BNSS, 2023, on 29.07.2025, in which she
has said that on 09.07.2025, she eloped voluntarily with Ashok
Ray, went to Nepal, where she performed marriage with co-
accused Ashok Ray at Nepal. She expressed her desire that she
wants to live with her husband Ashok Ray.
Patna High Court CR. MISC. No.68484 of 2025(4) dt.26-02-2026
3/4
5. Learner counsel for the informant and the State
opposes the prayer for bail and submits that victim girl, in her
statement recorded under Section 183 of the BNSS, 2023,
arising out of the present FIR, has supported the prosecution
case completely.
6. Having regard to the submissions made on
behalf of the parties and taking into consideration the fact that
after first incident, the victim girl, again eloped with co-accused
Ashok Ray, and in her statement recorded under Section 183 of
the BNSS, 2023, she has stated that she performed marriage
with co-accused Ashok Ray and was having love relationship
with him, I am inclined to grant the petitioner privilege of
anticipatory bail.
7. This application is, accordingly, allowed.
8. Let the petitioner, above named, in the event of
his arrest or surrender before the Court below within four
weeks, be released 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 District and Additional
Session Judge-VI-cum-Special Judge (POCSO Act), Sitamarhi,
in connection with Dumra Police Station Case No. 290 of 2025,
subject to the condition laid down under Section 438 (2) of the
Patna High Court CR. MISC. No.68484 of 2025(4) dt.26-02-2026
4/4
Code of Criminal Procedure/Section 482(2) of the BNSS, 2023.
(Anil Kumar Sinha, J)
HarshPandey/-
U T
Checking your session…