Patna High Court

Dipu KumarversusThe State of Bihar

Decided: 27 January 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The petitioner is entitled to bail.

Summary

Dipu Kumar was arrested in connection with a kidnapping case (Paliganj P.S. Case No. 330 of 2025) under Sections 137(2), 140(3) and 3(5) of the B.N.S., 2023. The prosecution alleged that the minor daughter of an informant was abducted by Vishal Rai. The victim later gave a statement under Section 183 of the B.N.S., 2023, saying she had left home voluntarily, stayed with Vishal Rai, and subsequently met and married the petitioner of her own free will. The petitioner’s counsel argued that there was no evidence of coercion, the petitioner had no criminal antecedent and was falsely implicated. The court, after considering the victim’s statement and the lack of incriminating material, ordered that the petitioner be released on bail upon furnishing a bond of Rs. 10,000 with two sureties.

Issues considered

Whether the petitioner is entitled to bail despite the kidnapping allegations under the B.N.S., 2023
Whether the victim’s statement under Section 183 negates the prosecution’s case

Legislation cited

B.N.S., 2023 — s. 137(2), 140(3), 183, 3(5)

Subjects

bail
kidnapping
false implication
victim statement
B.N.S. 2023
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.83549 of 2025
                       Arising Out of PS. Case No.-330 Year-2025 Thana- PALIGANJ District- Patna
                 ======================================================
                 Dipu Kumar Son of Birendra Singh R/o Village- Bahiro (Ara), P.S.- Nawada,
                 District- Bhojpur

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sanjay Kumar, Advocate
                 For the Opposite Party/s :       Mr. Mritunjay Kumar Nirala, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

4   27-01-2026                     Heard Mr. Sanjay Kumar, learned counsel for the

                   petitioner and Mr. Mritunjay Kumar Nirala, learned APP for the

                   State.

                                2. The petitioner has prayed for bail in connection

                   with Paliganj P.S. Case No. 330 of 2025 registered for the

                   offence punishable under Sections 137(2). 140(3), 3(5) of the

                   B.N.S., 2023.

                                3. The case of the prosecution in short is that the

                   minor daughter of the informant has gone to the temple to offer

                   prayers, but when she did not return for an hour, the informant

                   came to know that one Vishal Rai had kidnapped her.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this
Patna High Court CR. MISC. No.83549 of 2025(4) dt.27-01-2026
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          case. Learned counsel for the petitioner submits that during the

          course of the investigation, the victim was recovered, and her

          statement under Section 183 of the BNSS was recorded. In her

          statement recorded under Section 183 of the BNSS, she has

          stated that as she was annoyed with her parents, she went out of

          her house on the pretext of going to the temple and went to

          Bihta to her grandparents’. Her grandparents took her to

          Banaras and left her with Vishal Rai. Vishal Rai left at the

          station on the pretext that he would return after five minutes, but

          he did not return. She returned to Ara by train and was in the

          waiting room for two days without any food; there she met the

          petitioner. She further states that they have solemnized marriage

          in a temple, and they are happily married. The victim has further

          stated that she has solemnized marriage of her own will.

          Learned counsel for the petitioner also submits that there is no

          allegation against the petitioner that he has enticed or forced the

          victim. He further submits that a statement has been made in

          para 3 of the petition that petitioner has no criminal antecedent

          and he is languishing in judicial custody since 06.09.2025.

                       5. The application for bail is opposed by learned APP

          for the State.

                       6. Having heard learned counsel for the parties and
           Patna High Court CR. MISC. No.83549 of 2025(4) dt.27-01-2026
                                                       3/3




                     considering the facts and circumstances of the case, this Court is

                     inclined to enlarge the petitioner on bail. The above named

                     petitioner is directed to be enlarged on bail on furnishing bail

                     bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                     of the like amount each to the satisfaction of the learned

                     S.D.J.M., Danapur, Patna in connection with Paliganj P.S. Case

                     No. 330 of 2025.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T

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