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Patna High Court

Badal Dikshit @ Amarjeet KumarversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

Bail was denied to the petitioner.

Summary

The petitioner, Badal Dikshit, was arrested on charges of kidnapping his minor niece under Section 96 of the B.N.S. The prosecution’s case is based on the FIR and the victim’s statement under Section 183 of the B.N.S.S., alleging the kidnapping. The petitioner contended that he was falsely implicated, asserting that the victim was merely his student, there were no witnesses, and no medical report existed to confirm her age or the alleged offence. The State opposed bail, emphasizing the FIR and the victim’s statement as sufficient grounds to keep the petitioner in custody. Considering the allegations and the supporting statements, the Court refused to grant bail and directed the trial court to expedite the proceedings.

Issues considered

  • Whether bail should be granted to the petitioner in a kidnapping case where the FIR and victim's statement under Section 183 of the B.N.S.S. support the allegations.

Legislation cited

Subjects

  • bail
  • kidnapping
  • false implication
  • victim statement
  • Section 96
  • Section 183
  • criminal procedure
  • trial expedite

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.76913 of 2025
                        Arising Out of PS. Case No.-65 Year-2025 Thana- SAHAR District- Bhojpur
                 ======================================================
                 Badal Dikshit @ Amarjeet Kumar S/o Rajendra Dikshit @ Rajanrda Ravindas
                 @ Rajendra Das @ Rajendra Ravidas R/o Village- Chano, Ward No. 4, P.S.-
                 Rasulpur, District- Bhagalpur (In FIR address wrongly mentioned as Village-
                 Karwasin, P.S.- Sahar, District- Bhojpur)

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ravindra Kumar, Advocate
                 For the Opposite Party/s :       Mr. Mukesh Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

6   24-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                   2. The petitioner seeks bail in a case registered for

                   the offence punishable under Sections 96 of the B.N.S..

                                   3. As per the prosecution case, the informant

                   alleged that the petitioner kidnapped his minor niece.

                                   4. The learned counsel for the petitioner submits

                   that the petitioner has been falsely implicated in a case of

                   kidnapping the victim, who was merely a student of the

                   petitioner. There is no witness to the said offence of

                   kidnapping. Even in the statement of the victim girl under

                   Section 183 of the B.N.S.S., she has only stated about an

                   attempt to outrage her modesty but the victim was saved.
            Patna High Court CR. MISC. No.76913 of 2025(6) dt.24-02-2026
                                                        2/2




                      Further, there is no medical examination report of the victim on

                      record in order to establish her age etc. The petitioner is in

                      custody since 10.04.2025.

                                     5. Learned APP for the State opposed the grant of

                      bail on the ground that there is direct allegation in the First

                      Information Report which is supported by the statement of the

                      victim under Section 183 of the B.N.S.S.

                                     6. Taking into consideration the facts and

                      circumstances and also considering the fact that there are

                      allegations in the First Information Report against the

                      petitioner supported by the victim’s statement under Section

                      183 of the B.N.S.S., this Court is not inclined to grant the

                      privilege of bail to the petitioner. Accordingly, the prayer for

                      bail of the petitioner is hereby rejected in connection with

                      Sahar P.S. Case No.65 of 2025.

                                     7. However, learned Trial Court is directed to

                      expedite the trial.



                                                (Soni Shrivastava, J)
anand/-
U       T


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