Patna High Court
Ritesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
The petition for bail is allowed as prima facie no offence is established.
Summary
Ritesh Kumar petitioned the Patna High Court for bail in a kidnapping case registered under Sections 137(2), 140(3), 96, 61(2) of the B.N.S. and Section 8 of the POCSO Act. The alleged victim, the informant's granddaughter, gave a statement under Section 183 B.N.S.S. that she was not kidnapped and had left her house after a scolding. The lower court had earlier rejected his bail application, but the petitioner argued he had no criminal antecedents and was falsely implicated. The State opposed the bail, contending the seriousness of the offences. The High Court, after considering the victim's statement, held that prima facie no offence was established and therefore granted bail, subject to a bond of Rs.10,000, two sureties, and conditions under Section 482(2) B.N.S.S. 2023. The order directs that bail be enlarged if the petitioner is arrested or surrenders within eight weeks, and it may be cancelled if criminal antecedents or false statements are later discovered.
Issues considered
- Whether bail should be granted when the alleged victim’s statement indicates that no kidnapping occurred.
- Whether the petitioner’s lack of prior criminal antecedents warrants bail despite the seriousness of the alleged offences.
Legislation cited
Subjects
- bail
- kidnapping
- POCSO
- prima facie
- victim statement
- criminal antecedents
- Section 482
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76498 of 2025
Arising Out of PS. Case No.-120 Year-2025 Thana- ALOULI District- Khagaria
======================================================
Ritesh Kumar, S/o Jaijai Ram Singh, R/o Village - Budhaura, P.S -
Bahadurpur (Alauli), District – Khagaria.
... ... Petitioner
Versus
1. The State of Bihar
2. Ramudgar Singh, S/o Late Gogu Singh, R/o Village - Budhaura, P.S -
Bahadurpur (Alauli), District – Khagaria.
... ... Opposite Parties
======================================================
Appearance :
For the Petitioner : Mr. Ranjeet Kumar Singh, Advocate
For the State : Mr. Navin Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
4 23-02-2026 Notice has been served to the O.P. No.2. However,
nobody is present on his behalf.
2. Heard learned counsel for the petitioner and learned
APP for the State.
3. The petitioner seeks bail, apprehending his arrest,
in connection with Alauli P.S. Case No.120 of 2025, G.R.
No.777 of 2025, dated.20.03.2025, registered for the offences
punishable under Sections 137(2), 140(3), 96, 61(2) of the
B.N.S. and Section 8 of the POCSO Act.
4. As per allegation, the grand daughter of the
Informant was kidnapped by the Petitioner, Ritesh Kumar along
with the other co-accused, who are family members of the
Patna High Court CR. MISC. No.76498 of 2025(4) dt.23-02-2026
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Petitioner.
5. Learned counsel for the petitioner submits that the
Petitioner is innocent and has falsely been implicated in this
case. He further submits that he has nothing to do with the
alleged offence. As a matter of fact, the alleged victim has
already returned to her family and in her statement as recorded
under Section 183 B.N.S.S., she has clearly deposed that
nobody had kidnapped her and on account of scolding by her
mother she had left her house. This fact has been mentioned in
the order dated 08.09.2025 passed by learned Court below,
whereby bail petition of the Petitioner was rejected.
6. It is also stated in paragraph no. 2 of the bail
petition that the petitioner has not moved this Court earlier
either for anticipatory bail or regular one in the instant case.
7. It has further been stated in paragraph no.3 of the
bail petition that the petitioner has no criminal antecedents.
8. However, learned APP for the State vehemently
opposes the prayer of the Petitioner for bail.
9. Considering the statement of the alleged victim as
recorded under Section 183 B.N.S.S., before the Judicial
Magistrate, prima facie, no offence is made. Hence, this
petition is allowed, directing the petitioner, above-named, to be
Patna High Court CR. MISC. No.76498 of 2025(4) dt.23-02-2026
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enlarged on bail, in the event of his arrest or surrender before
the court below within a period of eight weeks from the date of
receipt / production of a copy of this order, on his furnishing
bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of learned
concerned Court below, in connection with Alauli P.S. Case
No.120 of 2025, G.R. No.777 of 2025, subject to the conditions
as laid down under Section 482 (2) of the B.N.S.S 2023, and
on the following conditions:
(i) In case, it is brought to the notice of the court
below that the petitioner has any criminal antecedents, learned
court below shall cancel the bail bonds of the petitioner after
hearing him and getting satisfied that the petitioner has
concealed his criminal antecedents despite his knowledge of the
same.
(ii) In case, it is brought to the notice of the court
below that statement regarding previous bail petition is wrong,
learned court below shall cancel the bail bonds of the petitioner.
(Jitendra Kumar, J.)
Chandan/-
U T
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