Patna High Court
Raushan Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted to the petitioner subject to specified conditions.
Summary
The petitioner, Raushan Kumar Singh, was arrested on 17 July 2025 in connection with a kidnapping and extortion case (FIR dated 3 July 2025) alleging that his daughter was abducted and threatened with the release of an objectionable video. The informant, Md Israr Alam, claimed the daughter was held for ransom and that the petitioner failed to pay. The petitioner argued he has a clean antecedent, the FIR was filed six days after the alleged incident without explanation, the victim’s statement under Section 183 of the BNSS 2023 did not support the prosecution, and there was no medical evidence. The prosecution opposed bail, but the court noted the lack of victim cooperation and the petitioner’s clean record. Consequently, the court granted bail on a Rs.10,000 bond with two sureties and imposed conditions regarding trial cooperation, evidence tampering, and verification of antecedents.
Issues considered
- Whether bail should be granted to the petitioner despite charges under Sections 137(2), 87, 308(2), 352 and 351(2) of the BNS.
- Whether the six‑day delay in filing the FIR affects the grant of bail.
- Whether the victim’s non‑supportive statement under Section 183 of the BNSS, 2023 and lack of medical evidence justify bail.
- Whether the petitioner’s clean antecedent is sufficient ground for bail.
Legislation cited
Subjects
- bail
- kidnapping
- extortion
- clean antecedent
- victim statement
- delay in FIR
- Section 183
- POCSO Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79620 of 2025
Arising Out of PS. Case No.-210 Year-2025 Thana- SIMRI BAKHTIYARPUR District-
Saharsa
======================================================
Raushan Kumar Singh Son of Balmukund Singh Resident of Village Ward no.
07, Shahpur(Mehdaspur), P.S. - Chariya Bariyarpur, District - Begusarai.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Md. Israr Alam Son of Late Abdul Jabbar R/o Village - Ranginiya, Ward no.
14, P.S. - Bakhtiyarpur, Dist. - Sharasa.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Braj Bhusan Poddar, Advocate
For the informant : Mr. Subesh Sharma, Advocate
For the Opposite Party/s : Mr.Navin Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 29-01-2026 Heard Mr.Braj Bhusan Poddar, learned counsel for
the petitioner, Mr. Subesh Sharma, learned counsel for the
informant and Mr.Navin Kumar Pandey, learned Additional
Public Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
17.07.2025 in connection with Simri Bakhtiyarpur P.S. Case No.
210 of 2025, F.I.R. dated 03.07.2025 registered for the offence
punishable under Sections 137(2),87,308(2),352,351(2) of BNS.
3. The prosecution story in brief is that the Informant
Md Israr Alam dated 03.07.2025 gave a written application
before the Bakhtiyarpur police station alleging that her daughter
namely Raushan Parveen age about 18 years is unsound mind
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and she several times go out from his house but he searched out
him after sometime. Dated 08.06.2025 evening 7:00 PM she
again out from his house and during searching not trace out. On
28.06.2025 come a phone call his Mob No. 9155917156 from
Mob. No. 620059502 and one boy said him your daughter is my
possession you send rupees on Mob. No. 8789001885 then I
will reach your daughter Simri Bakhityarpur. Thereafter he
threatened if you not send money then I viral the objectionable
video of your girl on facebook and instagram.
4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent. The allegation
as alleged in the FIR is false and fabricated and the petitioner
has not committed any offence as alleged in the FIR. From a
bare perusal of the FIR it appears that the date of occurrence as
alleged in the FIR is 28.06.2025 but the present FIR has been
instituted on 03.07.2025 after delay of 06 days without giving
any explanation of delay. The victim was recovered and her
statement was recorded under Section 183 of BNSS, 2023 in
which she has not supported the case of the prosecution, apart
from the aforesaid, nothing has been found in the medical
examination. The police, after investigation, submitted the
chargesheet against the petitioner and the petitioner is in custody
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since 17.07.2025.
5. Learned counsel for the informant and learned
A.P.P. for the State, on the other hand, has vehemently opposed
the prayer for bail of the petitioner.
6. Considering the aforesaid facts, petitioner has clean
antecedent and the victim has not supported the case of the
prosecution in her statement under Section 183 of BNSS,2023,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs.10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of learned A.D.J.-VI-
cum-Exclusive Court, POCSO Act, Saharsa in connection with
Simri Bakhtiyarpur P.S. Case No. 210 of 2025, with the
following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
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verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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