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Patna High Court

Bichari KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioner is entitled to regular bail subject to a bail bond of Rs.10,000 and two sureties.

Summary

The petitioner, Bichari Kumar, was arrested in connection with a kidnapping and assault case (Chiraiya PS Case No. 258 of 2025) under Sections 96 and 3(5) of the B.N.S. The prosecution alleged that he and co‑accused abducted the complainant's minor daughter under the pretext of marriage and threatened her father. The petitioner contended that he was falsely implicated and relied on the victim's statement recorded under Section 183 of the B.N.S.S., which indicated she had left home voluntarily and later returned. The State opposed bail, but the court examined the victim's statement and the lack of any allegation of tampering in the charge‑sheet. Considering these circumstances, the court ordered that the petitioner be released on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties. The application for bail was therefore allowed.

Issues considered

  • Whether the petitioner is entitled to regular bail in a case involving kidnapping, assault and threats under Sections 96 and 3(5) of the B.N.S.
  • Whether the victim's statement under Section 183 of the B.N.S.S. negates the necessity of continued custody.

Legislation cited

Subjects

  • regular bail
  • kidnapping
  • false implication
  • victim statement
  • Section 96 B.N.S.
  • Section 3(5) B.N.S.
  • Section 183 B.N.S.S.
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.718 of 2026
                  Arising Out of PS. Case No.-258 Year-2025 Thana- CHIRAIYA District- East Champaran
                 ======================================================
                 Bichari Kumar S/o Shambhu Rai @ Shambhu Yadav R/o Village - Santpur,
                 P.S - Muffasil, District - East Champaran

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    X S/o Ramchandra Sahni R/o Village - Lalbegiya, P.S - Chiraiya, District -
                 East Champaran

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sanjay Kumar Tiwari, Advocate
                 For the Opposite Party/s :       Mr. Shailendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

3   19-03-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State. Even after valid service of notice upon O.P.

                   No.2 he has chosen not to appear before this Court.

                                2. The petitioner has preferred this application for

                   grant of regular bail in connection with Chiraiya P.S. Case No.

                   258 of 2025 dated 21.06.2025 registered for the offences

                   punishable under Sections 96 and 3(5) of B.N.S.

                                3. As per the prosecution case, the informant, namely,

                   Ramprasad Sahni alleged that on 28.05.2025 at about 05:30

                   AM, his minor daughter went to attend nature’s call, but she did

                   not return till late hours. Thereafter, the informant inquired

                   about the same and he came to know that petitioner and co-
Patna High Court CR. MISC. No.718 of 2026(3) dt.19-03-2026
                                            2/3




          accused persons kidnapped his daughter on the pretext of

          marriage. When the informant went to the house of petitioner

          and co-accused for inquiry of his daughter then this petitioner

          and co-accused persons abused and assaulted the informant and

          all the accused persons threatened him to kill his daughter.

                       4. Learned counsel for the petitioner submits that

          petitioner has been falsely implicated in this case and referring

          to Section 183 of B.N.S.S. statement which was called for by

          order dated 15.01.2026, it submits that nothing has been alleged

          against the petitioner. Moreover, she has stated that her parents

          were trying to get her marriage with an elderly person so she left

          the house and went her aunt’s house. Moreover, she went to

          Nepal and started selling fruits and when she came to know

          about this false case she came back and gave her statement

          under Section 183 of B.N.S.S. The charge-sheet has been

          submitted in this case and there is no allegation of tampering. It

          is further submitted that this petitioner is in custody since

          13.07.2025 and petitioner is an accused in one case, but not of

          similar nature, in which he is on bail.

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

          opposed the prayer for bail of the petitioner.

                       6. Considering the facts and circumstances of the
           Patna High Court CR. MISC. No.718 of 2026(3) dt.19-03-2026
                                                       3/3




                     case, particularly the statement of the victim recorded under

                     Section 183 of B.N.S.S., the petitioner above-named, is directed

                     to be enlarged 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 learned Court concerned, Motihari,

                     East Champaran, in connection with Chiraiya P.S. Case No. 258

                     of 2025.

                                  7. The application stands allowed.



                                                (Praveen Kumar, J)
shivam/-

U      T


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