Patna High Court
Praduman RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court held that bail should be granted to the petitioner.
Summary
Petitioner Praduman Ray was arrested for allegedly kidnapping the minor daughter of an informant, an offence punishable under Sections 96 and 137(2) of the Bharatiya Nyaya Sanhita, 2023. The petitioner claimed the incident stemmed from a consensual love relationship, and the victim’s statements recorded under Sections 180 and 183 BNSS supported this claim, indicating she went with him voluntarily and wishes to continue the relationship. The State opposed bail, but the petitioner had no prior criminal record and had been in custody since 17 July 2025. Considering the victim’s testimony, the absence of any allegation of sexual assault, and the petitioner’s clean antecedent, the Court ordered his release on bail. Bail was granted on a bond of Rs. 10,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused under Sections 96 and 137(2) of the Bharatiya Nyaya Sanhita in a kidnapping case involving a minor.
- Whether the victim’s voluntary statement of a love relationship negates the seriousness of the kidnapping allegation.
- Whether the petitioner’s lack of criminal antecedent and the pending chargesheet justify bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 137(2), 180, 183, 96
Subjects
- bail
- kidnapping
- minor
- love relationship
- Bharatiya Nyaya Sanhita
- criminal antecedent
- sureties
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74027 of 2025
Arising Out of PS. Case No.-111 Year-2025 Thana- CHANDI District- Bhojpur
======================================================
Praduman Ray S/O Tunnu Ray R/O Vill.- Bhadwar, P.S.- Chandi, Dist.-
Bhojpur. ... ... Petitioner/s
Versus
1. The State of Bihar
2. Usha Devi W/O Binod Yadav R/O Vill.- Vishunpur, P.S.- Chandi, Dist.-
Bhojpur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Priya, Advocate
Mr. Prabhat Kumar Singh, Advocate
For the Opposite Party/s : Mr. Tarun Prasad Mandal, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 11-02-2026 Heard learned counsel for the petitioner and learned
APP for the State but, despite valid service of notice, none
appeared on behalf of opposite party no.2.
2. The petitioner seeks bail in a case registered for
the offence punishable under Sections 96 and 137 (2) of the
Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the petitioner in
association of other family members is said to have kidnapped
the minor daughter of the informant.
4. It is submitted by learned counsel for the
petitioner that the present case arises out of love relationship
between the petitioner and the victim. The occurrence is said to
have taken place on 26.05.2025, while the information to the
police was given on 10.07.2025, without tendering any plausible
explanation. Further, after recovery of the victim her statement
Patna High Court CR. MISC. No.74027 of 2025(4) dt.11-02-2026
2/2
was recorded under Section 180 and 183 BNSS. It would be
evident from the statements that she was in relationship with the
petitioner and gone along with him out of her own volition,
stayed 1½ months as husband and wife in a rented
accommodation and she also desired to be with him in future.
The petitioner has no criminal antecedent and has been
languishing in custody since 17.07.2025.
5. Learned APP for the State opposed the bail
petition.
6. Taking into consideration the facts and
circumstances of the case and also considering the fact that the
chargesheet has already been submitted and the victim has
accepted that she was in love relationship and has not alleged
any sexual assault or misdeed against the petitioner coupled
with the fact that the petitioner, who is a young boy having no
criminal antecedent, the above named petitioner 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 the learned Court below where the case is
pending/successor Court in connection with Chandi P.S. Case
No.111 of 2025.
(Soni Shrivastava, J)
Trivedi/-
U T
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