Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was granted to the petitioner.
Summary
The petitioner, Rahul Kumar, sought anticipatory bail fearing arrest in a kidnapping case (Bairiya P.S. Case No. 150 of 2025) filed under Sections 137(2) and 96 of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the petitioner kidnapped a girl, while the petitioner claimed innocence, asserting that the victim had stated she was married to him and wished to live with him. The State opposed the bail application. The Court examined the facts, the victim’s statement, and the nature of the alleged offence. It concluded that the petitioner was entitled to anticipatory bail, subject to conditions and surety requirements. Accordingly, the Court ordered the release of the petitioner on anticipatory bail upon furnishing bail bonds and sureties as per Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in a kidnapping case under Sections 137(2) and 96 of the Bharatiya Nyaya Sanhita, 2023.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 137(2), 482(2), 96
Subjects
- anticipatory bail
- kidnapping
- Bharatiya Nyaya Sanhita
- Section 137
- Section 96
- Section 482
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72886 of 2025
Arising Out of PS. Case No.-150 Year-2025 Thana- BAIRIYA District- West Champaran
======================================================
Rahul Kumar Santosh Kumar @ Santosh Prasad @ Santosh Mahto Resident
of Vill. - Nanosati, P.S.-Majhauliya, Dist. - West Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sabana Khatoon W/o Abid Hussain R/o Village - Sant Gath, Near Petrol
Pump, P.S. - Bairiya, Dist. - West Champaran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar, Advocate
For the Opposite Party/s : Mr. Jagdhar Prasad, APP
Mr. Shyam Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 21-01-2026 Heard the learned counsel for the petitioner and
learned counsel for the State.
2. The petitioner apprehends arrest in connection with
Bairiya P.S. Case No. 150 of 2025 registered for offences under
Sections 137(2)/96 of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the petitioner is
accused of kidnapping the victim girl.
4. Learned counsel for the petitioner submits that
petitioner is quite innocent and has not committed any offence.
He further submits that the victim in her statement before the
police has stated that she has solemnized marriage with the
petitioner and she wants to live with him.
Patna High Court CR. MISC. No.72886 of 2025(3) dt.21-01-2026
2/2
5. Learned APP for the State has vehemently opposed
the prayer for bail.
6. Considering the aforesaid facts and circumstances
of the case, this application for anticipatory bail stands allowed.
7. Accordingly, let the petitioner, above-named, in the
event of arrest or surrender within four weeks from today in the
Court below, be released on anticipatory bail on furnishing bail
bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of
the like amount each to the satisfaction of learned Judicial
Magistrate, 1st Class, Bettiah, West Champaran/concerned Court
below in connection with Bairiya P.S. Case No. 150 of 2025
subject to the conditions as laid down under Section 482(2) of
the BNSS.
(Sandeep Kumar, J)
Shishir/-
U T
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