Patna High Court
Ranjan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court ordered that the petitioner be released on regular bail subject to a bond and sureties.
Summary
The petitioner, Ranjan Kumar, was arrested in connection with a kidnapping case (PS Vaishali Case No.190 of 2025) alleged under sections 137(2), 96 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The informant claimed his 14‑year‑old daughter was previously kidnapped by the accused and had been abducted again, but the daughter, now a major, gave a statement under section 183 B.N.S.S. that did not support the prosecution. The State argued the victim was still a minor, citing a medical estimate of her age as 17‑19 years. The Court examined the FIR allegations, the victim’s statement, the age assessment, the petitioner’s custody since 25‑06‑2025 and the filing of the charge‑sheet, and decided to grant regular bail on a bond of Rs.10,000 with two sureties. The bail order was directed to be satisfied before the Judicial Magistrate of the First Class, Vaishali.
Issues considered
- Whether regular bail can be granted to the accused in a kidnapping case involving a minor under sections 137(2), 96 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
- Whether the statement of the alleged victim, recorded under section 183 B.N.S.S., negates the prosecution’s case.
- Whether the victim’s age (minor or major) affects the bail decision.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 137(2), 183, 3(5), 96
Subjects
- regular bail
- kidnapping
- minor
- Bharatiya Nyaya Sanhita
- criminal procedure
- section 183
- section 137(2)
- section 96
- section 3(5)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74531 of 2025
Arising Out of PS. Case No.-190 Year-2025 Thana- VAISHALI District- Vaishali
======================================================
Ranjan Kumar S/o Hulash Sahni R/o Village- Mishrauliya Afzalpur, PS-
Vaishali, District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Bhardwaj, Advocate
Mr. Nilabh Ranjan, Advocate
For the Opposite Party/s : Mr. Chandra Sen Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 21-01-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for grant
of regular bail in connection with Vaishali P.S. Case no.190 of
2025 registered under sections 137(2), 96 and 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant states that
his 14 year old daughter was kidnapped by the accused persons
including the petitioner herein on an earlier occasion and she
returned home. However, the accused have once again
kidnapped her.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case. The daughter
of the informant who is a major returned home and her
statement was recorded under section 183 B.N.S.S. wherein she
has not supported the prosecution case. She was medically
Patna High Court CR. MISC. No.74531 of 2025(3) dt.21-01-2026
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examined where her age was assessed to be between 17-19
years. The petitioner is in custody since 25.6.2025 and
chargesheet has been submitted in the case.
5. The application for bail is opposed by learned A.P.P.
for the State who submits that the daughter of the informant is a
minor which would be evident from the age recorded in her
statement under section 183 B.N.S.S. There is direct allegation
against the petitioner.
6. Having heard learned counsel for the parties and
taking into consideration the allegation against the petitioner in
the FIR, the statement of the daughter of the informant recorded
under section 183 B.N.S.S. and the estimation of her age by the
doctor to be between 17-19 years together with the petitioner
having remained in custody since 25.6.2025 and chargesheet
having been submitted in the case, the Court directs the
petitioner to be enlarged on bail in connection with Vaishali P.S.
Case no.190 of 2025 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 Judicial Magistrate 1 st
Class, Vaishali, Hajipur.
(Partha Sarthy, J)
Saurabh/-
U T
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