Patna High Court
Jay Prakash Kumar Thakur @ Jay Prakash Sharma @ Biru SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court granted bail to the petitioner, subject to a bond and sureties, on the basis of the delayed FIR, the victim’s consensual relationship claim, and absence of incriminating medical evidence.
Summary
The petitioner, Jay Prakash Kumar Thakur, was charged with kidnapping the daughter of an informant and demanding a ransom of Rs.10 lakh, along with several other offences under the B.N.S. The FIR was lodged on 31 May 2025 despite the alleged abduction occurring on 22 May 2025, raising questions about the delay in reporting. The victim’s statement under Section 183 indicated a consensual love relationship with the petitioner, her age was 17‑18 years, and medical examination showed no injuries or evidence of sexual assault. The petitioner had no prior criminal record and had been in custody since 31 May 2025. Considering the delayed FIR, the nature of the relationship, and lack of incriminating medical evidence, the court granted bail on the condition of a Rs.10,000 bond with two sureties and required the petitioner’s appearance at all future proceedings.
Issues considered
- Whether the petitioner is entitled to bail despite charges of kidnapping, ransom demand, and other offences under the B.N.S.
- Whether the delay in lodging the FIR and the victim’s statement indicating a consensual relationship affect the bail decision
- Whether the lack of medical evidence of sexual exploitation influences the grant of bail
Legislation cited
Subjects
- bail
- kidnapping
- ransom
- love relationship
- delay in FIR
- sexual exploitation
- B.N.S.
- Section 183
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79334 of 2025
Arising Out of PS. Case No.-222 Year-2025 Thana- RAJNAGAR District- Madhubani
======================================================
Jay Prakash Kumar Thakur @ Jay Prakash Sharma @ Biru Sharma Son of
Narayan Sharma @ Narayan Thakur R/o Village - Bharam, P.S. - Bhairav
Sthan, Dist. - Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajani Kant Mishra
For the Opposite Party/s : Mr.Yogendra Kumar
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 20-02-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 126(2), 115(2), 64(1), 137(2),
87, 140(3), 76 and 3(5) of the B.N.S.
3. Petitioner along with other accused persons are said
to have kidnapped the daughter of the informant and also
demanded a ransom of Rs. 10,00,000/-.
4. Learned counsel for the petitioner has submitted
that the First Information Report itself discloses that on
22.05.2025 itself the informant had realized that her daughter
was missing in the night after she had gone to the toilet.
Thereafter, even on 23.05.2025 they were all busy in the
marriage in the neighbourhood and she only disclosed to her
brother at Delhi that her daughter was missing. Further, on
Patna High Court CR. MISC. No.79334 of 2025(3) dt.20-02-2026
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26.05.2025, she claims to have received a phone call from the
petitioner, his brother and his father that they have kidnapped
her daughter. Further, on 28.05.2026, another phone call was
received asking for ransom. However, her daughter came back
home on the same day i.e. 28.05.2025 whereafter, she disclosed
that she was being subjected to some sexual exploitation and
thereafter it has again been alleged that on 31.05.2025, the
petitioner and his brother came to her house again for the
purposes of kidnapping. It has been argued that the entire
narration of the events in the First Information Report itself
makes the entire case doubtful and does not seem to be
believable that for so many days the informant did not take any
steps of informing the police and FIR was lodged on
31.05.2025. Further, the statement of the victim girl under
Section 183 of the B.N.S.S. clearly discloses that she is aged
about 19 years and she was in love relationship with the
petitioner and had left home 22.05.2025 on being allured by the
petitioner. Although, she has alleged some sort of physical
relationship being established with her but the medical report
indicates that there is no external or internal injuries present on
the body or private parts and no spermatozoa was found in
pathological examination and her age was also found between
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17 to 18 years. Further, the petitioner is in custody since
31.05.2025 with no criminal antecedent.
5. Learned APP for the State has opposed the
application for bail.
6. Taking into consideration the facts and
circumstances and also considering the fact that there is
inordinate delay in lodging of the FIR coupled with the fact that
183 statement of the victim also indicates that there was love
relationship between the petitioner and the victim, let the above
named petitioner, be enlarged on bail 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 court below where
the case is pending/successor court in connection with Raj
Nagar P.S. Case No. 222 of 2025, subject to the conditions that
the petitioner shall appear on each and every date till the charges
framed.
(Soni Shrivastava, J)
devendra/-
U T
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