Patna High Court

Etwari Kewat @ Etwri KewatversusThe State of Bihar

Decided: 12 February 2026
Disposal: BAIL GRANTED
Bench: SONI SHRIVASTAVA

Holding

Bail was granted to the petitioner as the victim’s voluntary statement indicated no untoward incident and the case arose from a consensual love relationship.

Summary

Etwari Kewat was arrested on charges of kidnapping the minor daughter of an informant by allegedly enticing her to marry him, under Sections 137(2) and 96 of the B.N.S. The petitioner sought bail, arguing that the case stemmed from a consensual love relationship and that the victim’s statements under Sections 180 and 183 of the B.N.S. indicated she went voluntarily, married him in a temple, and suffered no untoward incident. The State opposed bail, relying on the allegations in the FIR. The court examined the victim’s voluntary statement and the nature of the relationship, finding no evidence of coercion. Consequently, the court granted bail on a bond of Rs 10,000 with two sureties, directing compliance with the lower court’s conditions.

Issues considered

Whether bail should be granted to the accused under Sections 137(2) and 96 of the B.N.S. in view of the kidnapping allegation.
Whether the victim’s voluntary statement under Section 183 of the B.N.S. negates the prosecution’s case and justifies bail.

Legislation cited

B.N.S. — s. 137(2), 180, 183, 96

Subjects

bail
kidnapping
love marriage
victim statement
Section 137
Section 96
Section 180
Section 183
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.70804 of 2025
                       Arising Out of PS. Case No.-267 Year-2025 Thana- GRIYAK District- Nalanda
                 ======================================================
                 Etwari Kewat @ Etwri Kewat Son of Girani Kewat @ Girani Kevat Resident
                 of village-Doctor English PS -Giriyak Dist- Nalanda
                                                                      ... ... Petitioner/s
                                                    Versus
           1.     The State of Bihar
           2.     Basanti Devi W/O-Shankar Kewat, Vill-Doctor English, P.S.-Giriyak, Dist-
                  Nalanda
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Satya Prakash, Advocate
                 For the Opposite Party/s :       Mr. Umanath Mishra, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

5   12-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State. Despite issuance of notice and valid service

                   thereof, none appears on behalf of the opposite party no.2.

                                   2. The petitioner seeks bail in a case registered for

                   the offence punishable under Sections 137(2), 96 of the B.N.S.

                                   3. As per the prosecution case, allegation against

                   the petitioner is that he kidnapped the minor daughter of the

                   informant by enticing to marry her.

                                   4. The learned counsel for the petitioner submits

                   that the present case arises out of love relationship between the

                   petitioner and the victim. The victim, after her recovery, has

                   been examined both under Sections 180 and 183 of the

                   B.N.S.S. and upon reading of the same it would transpire that it

                   is she who had called the petitioner and had gone along with

                   him to various places and also got married to him in a temple.
            Patna High Court CR. MISC. No.70804 of 2025(5) dt.12-02-2026
                                                        2/2




                      In her statement under Section 183 of the B.N.S.S., she has

                      specifically stated that no untoward incident has been

                      committed with her and she had gone with the petitioner on her

                      own will and that she had come to give her statement along

                      with her mother but she wants to go to her in-laws as they had

                      accepted her. The petitioner is in custody since 30.06.2024 and

                      charge-sheet has been submitted.

                                     5. Learned APP for the State opposed the grant of

                      bail on the basis of allegations made in the First Information

                      Report.

                                     6. Taking into consideration the facts and

                      circumstances and also considering that the present case arises

                      out of love relationship between the petitioner and the victim

                      and there is specific statement of no untoward incident having

                      happened with the victim, let the above named petitioner, be

                      released on bail on furnishing bail bond of Rs. 10,000/-

                      (Rupees Ten Thousand) with two sureties of the like amount

                      each to the satisfaction of the learned C.J.M., Nalanda at

                      Biharsharif/concerned Court below in connection with Giriyak

                      P.S. Case No. 267 of 2025.


                                                              (Soni Shrivastava, J)
anand/-
U       T

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