Patna High Court
Rohit KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The Court allowed the application for anticipatory bail, granting it subject to conditions under Section 482(2) of the Bharatiya Nyaya Sanhita.
Summary
Rohit Kumar sought anticipatory bail after being implicated in a kidnapping case (Sahiyara P.S. Case No. 41 of 2025) under Sections 137(2), 140(3), 96 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 8 of the POCSO Act. The prosecution alleged that he kidnapped a minor girl, while the petitioner’s counsel argued that the victim’s statement under Section 183 BNSS indicated she voluntarily eloped and married the petitioner, negating any kidnapping. The State opposed the bail application, fearing the petitioner might tamper with evidence or abscond. The Court, after considering the statements and the lack of coercion, granted anticipatory bail subject to conditions under Section 482(2) of the BNSS. The petitioner was ordered to furnish bail bonds of Rs.10,000 with two sureties within four weeks of arrest or surrender.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the kidnapping allegation.
- Whether the victim’s voluntary elopement and marriage claim defeats the charge of kidnapping under the BNSS.
- Whether the petitioner poses a risk of tampering with evidence or absconding, warranting denial of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 137(2), 140(3), 3(5), 482(2), 96
- Protection of Children from Sexual Offences (POCSO) Act — s. 8
Subjects
- anticipatory bail
- kidnapping
- Bharatiya Nyaya Sanhita
- POCSO Act
- Section 482
- voluntary elopement
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72932 of 2025
Arising Out of PS. Case No.-41 Year-2025 Thana- SAHIYARA District- Sitamarhi
======================================================
Rohit Kumar son of Jai Kishore Paswan Resident Of Village - Sahiyara, Ps-
Sahiyara, Dist- Sitamarhi
... ... Petitioner/s
Versus
1. The State of Bihar bihar
2. Geeta Devi Wife of Shivchandra Paswan Resident Of Village - Sahiyara, Ps-
Sahiyara, Dist- Sitamarhi
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pushpendra Kumar Singh
For the Opposite Party/s : Mr. Lalan Kumar
======================================================
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
Sahiyara P.S. Case No. 41 of 2025 registered for offences under
Sections 137(2), 140(3), 96 and 3(5) of the Bharatiya Nyaya
Sanhita, 2023 and Section 8 of the POCSO Act.
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 recorded
under Section 183 BNSS has stated that she had eloped with the
Patna High Court CR. MISC. No.72932 of 2025(3) dt.21-01-2026
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petitioner on her own and performed marriage with the
petitioner.
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 concerned
Court below, Sitamarhi in connection with Sahiyara P.S. Case
No. 41 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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