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Patna High Court

Rahul KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court ordered the release of the petitioner on bail, subject to a bond, sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Summary

The petitioner, Rahul Kumar, sought bail in a case registered under Sections 137, 87, 352 and 3(5) of the Bharatiya Nyaya Sanhita alleging kidnapping of an informant's daughter. The victim’s statement under Section 183 of the B.N.S.S. indicated she went with the petitioner voluntarily and made no accusation against him. The petitioner, aged about 23, has no criminal antecedent and is married to the informant, with a child. The State opposed bail, but the court considered the victim’s statement, the nature of the allegation, the petitioner’s age and clean record. The court granted bail on condition of a Rs.10,000 bond with two sureties and compliance with Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, subject to surrender within six weeks.

Issues considered

  • Whether bail should be granted to the petitioner in view of the allegations under the Bharatiya Nyaya Sanhita.
  • Whether the victim’s voluntary statement under Section 183 B.N.S.S. negates the basis for custodial interrogation.
  • Whether the petitioner’s age, clean antecedent and marital status justify bail.
  • Whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita can be invoked to impose conditions on bail.

Legislation cited

Subjects

  • bail
  • kidnapping
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • Bharatiya Nagarik Suraksha Sanhita
  • Section 183
  • Section 482
  • POCSO Act
  • victim statement

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7560 of 2026
                     Arising Out of PS. Case No.-59 Year-2024 Thana- JITNA District- East Champaran
                 ======================================================
                 Rahul Kumar S/o Heera Lal Shah @ Hira Lal Sah Resident of Village -
                 Bijban Udho Shah Tola, P.S. - Jitna, District - East Champaran
                                                                                ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                         ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Madhurendra Kumar, Advocate
                 For the Opposite Party/s :       Mr. Abhay Kumar Roy, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

3   01-04-2026                            Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                     2. The petitioner apprehends his arrest in a case

                   registered under Sections 137, 87, 352 and 3(5) of the Bharatiya

                   Nyaya Sanhita.

                                   3. It is alleged that the accused persons including

                   the petitioner kidnapped the daughter of the informant.

                                   4.    Learned counsel appearing on behalf of the

                   petitioner submits that petitioner is innocent and has falsely

                   been implicated in the present case due to mala fide intention

                   and ulterior motive. Further submission is that the victim in her

                   statement recorded u/s 183 of B.N.S.S. has not made any

                   allegation against the petitioner and has stated that she, on her

                   own will, went with the petitioner. Now both the petitioner and

                   the informant are major. They have solemnized their marriage,

                   having a baby girl, and are residing together as wife and
            Patna High Court CR. MISC. No.7560 of 2026(3) dt.01-04-2026
                                                        2/2




                      husband. No custodial interrogation of petitioner is required. It

                      is further submitted that petitioner is aged about 23 years and

                      has got no criminal antecedent. He undertakes to cooperate in

                      the trial.

                                    5. Learned A.P.P. for the State opposed the prayer for

                      bail.

                                    6. Having considered the facts and circumstances of

                      the case, submissions of learned counsel for the parties,

                      statement of the victim recorded u/s 183 of B.N.S.S., nature of

                      allegation, age of the petitioner and his clean antecedent, let the

                      above named petitioner be released on bail, in the event of arrest

                      or surrender before the learned court below within a period of

                      six weeks from today, on furnishing bail bond of Rs.10,000/-

                      (Rupees Ten Thousand) with two sureties of the like amount

                      each to the satisfaction of learned 6th District and Additional

                      Sessions Judge-cum-Exclusive Special Judge, POCSO Act,

                      Motihari, East Champaran in connection with Jitna P.S. Case

                      No. 59 of 2024, subject to the conditions as laid down under

                      Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.



                                              (Sunil Dutta Mishra, J)
utkarsh/-

U       T


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