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Patna High Court

Jay Prakash Kumar Thakur @ Jay Prakash Sharma @ Biru SharmaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

  • B.N.S. — s. 115(2), 126(2), 137(2), 140(3), 3(5), 64(1), 76, 87
  • B.N.S.S. — s. 183

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
             Patna High Court CR. MISC. No.79334 of 2025(3) dt.20-02-2026
                                                         3/3




                       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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