Patna High Court
Pawan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- S B P SINGH
Holding
The court granted regular bail to the petitioner with conditions, finding no sufficient ground to deny bail.
Summary
The petitioner, Pawan Kumar, applied for regular bail in a case registered under Section 96 of the BNS for alleged kidnapping of a minor with intent to marry her. The prosecution alleged that the petitioner, in collusion with an associate, abducted the minor daughter of Sarita Devi. The petitioner’s counsel argued that the allegations were fabricated, that the victim’s statement under Section 183 of the BNSS contradicted the prosecution’s case, and that the petitioner had clean antecedents and had been in custody since 26‑07‑2025. The State opposed bail, citing the seriousness of the offence. After considering the victim’s statement, the length of custody, and the petitioner’s background, the court ordered bail on the condition of a Rs.10,000 bond, two sureties, and the petitioner’s physical presence at trial.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the kidnapping allegation under Section 96 BNS.
- Whether the victim’s statement recorded under Section 183 BNSS negates the prosecution’s case for denying bail.
- Whether the petitioner’s clean antecedents and period of custody justify the grant of bail.
Subjects
- regular bail
- kidnapping
- forced marriage
- Section 96 BNS
- Section 183 BNSS
- victim statement
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77430 of 2025
Arising Out of PS. Case No.-232 Year-2025 Thana- IMAMGANJ District- Gaya
======================================================
Pawan Kumar S/O Satyendra Das R/O Vill.- Kendua, Raniganj, P.S.-
Imamganj, Dist.- Gaya .. ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md. Javed Jafar Khan
For the Opposite Party/s : Mr. Sanjay Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
ORAL ORDER
4 21-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Imamganj P.S. Case No.
232 of 2025 registered for the offences punishable under Section
96 of BNS.
3. The prosecution case, in brief, is that the informant,
Sarita Devi has alleged that on 23.07.2025 at about 09:00 A.M.,
her minor daughter, Neha Kumari, aged about 16 years, a student
of Class IX, left her house for studying at the High School
situated at village Banshi. When the informant returned home in
the evening after agricultural work, she found that her daughter
had not returned. Despite making inquiries in the neighbourhood
and contacting relatives over the phone, no information regarding
the whereabouts of her daughter could be obtained. It is further
alleged that on 24.07.2025, the informant came to know that one
Patna High Court CR. MISC. No.77430 of 2025(4) dt.21-01-2026
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Pawan Kumar, was also missing from his house. The informant
suspected that the said Pawan Kumar, in connivance with his
associate Sonu Kumar, had enticed and kidnapped her minor
daughter with the intention of marrying her.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in the
present case. It is contended that the allegations levelled against
the petitioner are wholly false, fabricated, and concocted, and no
such occurrence ever took place as alleged in the F.I.R. Learned
counsel further submits that no independent witness has
supported the prosecution case against the petitioner. The
statement of victim was recorded under Section 183 of the
BNSS, from perusal of same, it clearly transpires that she has not
supported the allegation leveled against the petitioner in the
F.I.R. The victim has categorically stated that she and Pawan
Kumar (the petitioner) were studying together in school, there
was love affair between them but no physical relationship was
established. They had mutually decided to go to Delhi to
solemnise an inter-caste marriage. She has further denied to have
any physical relationship with the petitioner. Learned counsel
further submits that, after completion of investigation, the police
has submitted charge-sheet against the petitioner. The petitioner
is languishing in judicial custody since 26.07.2025 and, as stated
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in paragraph 3 of the bail petition, the petitioner has clean
antecedents.
5. Learned A.P.P. appearing on behalf of the State has
vehemently opposed the prayer for bail of the petitioner.
6. Keeping in view the aforesaid facts and considering
the statement of victim as also the period under custody, let the
petitioner, above named, be released on bail after framing of
charge on furnishing bail bonds of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Judicial Magistrate, First Class, Sherghati, Gaya in
connection with Imamganj P.S. Case No. 232 of 2025 subject to
the following conditions :-
(i). Petitioner will remain physically present in trial on
each and every date till the disposal of the case failing which, on
two consecutive dates without reasonable cause, the bail bond of
the petitioner may be cancelled by the Trial Court.
(ii). One of the bailor shall be his family member.
(S. B. Pd. Singh, J)
Ankit Kumar/-
U T
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