Patna High Court
Gauri kumari @ Gori KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Since the victim’s statement under Section 183 BNSS indicates a voluntary marriage and there is no specific allegation against the petitioners, the court granted anticipatory bail subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
The petitioners, who are family members of co-accused Suresh Paswan, sought anticipatory bail fearing arrest in a case registered under several sections of the Bharatiya Nyaya Sanhita for alleged kidnapping and related offences. The prosecution alleged that Suresh Paswan abducted the informant’s daughter for the purpose of marriage, but the victim’s statement recorded under Section 183 BNSS asserted that she left voluntarily and married Suresh Paswan in Mumbai. The petitioners contended that no specific overt act was alleged against them and that they have clean antecedents. The State opposed the bail application. Considering the nature of the accusation and the victim’s voluntary statement, the court granted anticipatory bail, directing that if arrested within eight weeks, the petitioners be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioners in the absence of specific allegations against them
- Whether the victim’s voluntary statement under Section 183 BNSS negates the basis for kidnapping charges against the petitioners
- Whether the conditions prescribed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita are applicable
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 137(2), 140(3), 183, 3(5), 351(2), 352, 87, 96
Subjects
- anticipatory bail
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- kidnapping
- voluntary marriage
- victim statement
- Section 183
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82461 of 2025
Arising Out of PS. Case No.-119 Year-2025 Thana- RAHIKA District- Madhubani
======================================================
1. Gauri kumari @ Gori Kumari W/O Suman Kumar @ Suman Paswan R/O
Village- Jagat, P.S- Rahika, Dist.- Madhubani.
2. Suman Kumar @ Suman Paswan S/O Ramu Paswan R/O Village- Jagat, P.S-
Rahika, Dist.- Madhubani.
3. Urmila Devi W/O Ramu Paswan R/O Village- Jagat, P.S- Rahika, Dist.-
Madhubani.
4. Ramu Paswan S/O Late Swaroop Paswan R/O Village- Jagat, P.S- Rahika,
Dist.- Madhubani.
5. Punam Devi W/O Naresh Paswan R/O Village- Jagat, P.S- Rahika, Dist.-
Madhubani.
6. Naresh Paswan S/O Ramu Paswan R/O Village- Jagat, P.S- Rahika, Dist.-
Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Subhash Kumar Jha, Advocate
For the Opposite Party/s : Mr. Abhay Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 05-01-2026 Heard learned counsel for the petitioners and the
State.
2. Petitioners apprehend arrest in a case registered for
the offences punishable under Sections 137(2), 140(3), 87, 96,
352, 351(2), 3(5) of the Bharatiya Nyaya Sanhita.
3. As per prosecution case, co-accused Suresh Paswan
abducted the daughter of informant for the purpose of marriage.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.82461 of 2025(2) dt.05-01-2026
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petitioners are innocent and have committed no offence. As per
F.I.R., co-accused Suresh Paswan abducted the daughter of
informant and these petitioners have been made accused in this
case merely because they are family members of co-accused
Suresh Paswan. There is no specific allegation of any overt act
against these petitioners. Victim in her statement recorded under
Section 183 BNSS has denied the factum of kidnapping and
stated that she voluntarily left the house and went to Mumbai
and solemnized marriage with co-accused Suresh Paswan.
Petitioners claim clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering the nature of accusation and statement
of the victim recorded under Section 183 BNSS, this
anticipatory bail is allowed and it is ordered that let the above
named petitioners in the event of their arrest/surrender before
the court below within a period of eight weeks from today, be
enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten
thousand) each with two sureties of the like amount each to the
satisfaction of Additional Chief Judicial Magistrate 1st,
Madhubani in connection with Rahika P. S. Case No. 119 of
2025, subject to condition as laid down under Section 482(2) of
Patna High Court CR. MISC. No.82461 of 2025(2) dt.05-01-2026
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the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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