Patna High Court
Sujit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court granted bail to the petitioner with a bond of Rs.10,000 and conditions of surety and regular court attendance.
Summary
The petitioner, Sujit Kumar, was arrested in connection with a kidnapping case under Sections 137(2), 140(3) and 3(5) of the B.N.S., alleged to have abducted the informant’s sister. The petitioner claimed that the victim, a major, had voluntarily left her home, entered into a relationship and later married him, and had corroborated this in a statement under Section 183 of the B.N.S.S., also refusing a medical examination. The State opposed bail, citing the seriousness of the allegations and the petitioner’s criminal antecedents, though it noted the petitioner was already on bail in other matters. The court considered the victim’s statement and the circumstances, and ordered the petitioner’s release on bail upon furnishing a bond of Rs.10,000 with two sureties and specific conditions regarding surety relations and court attendance. The bail order was subject to cancellation if the petitioner failed to appear on two consecutive dates without sufficient cause.
Issues considered
- What is the appropriate decision on the bail application for the petitioner accused of kidnapping under the B.N.S.?
- Does the victim’s voluntary statement under Section 183 of the B.N.S.S. justify granting bail despite the seriousness of the alleged offence and the petitioner’s criminal antecedents?
Legislation cited
Subjects
- bail
- kidnapping
- victim consent
- criminal antecedent
- Section 183
- POCSO Act
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83669 of 2025
Arising Out of PS. Case No.-146 Year-2025 Thana- SURYAGARHA District- Lakhisarai
======================================================
Sujit Kumar S/O O.P. Yadav @ Upendra Yadav R/O Village- Husaina, P.S.-
Medani chowki, Dist.- Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Indrajit Kumar, Advocate
For the Opposite Party/s : Mr. Nirmal Kumar Sinha, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 11-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in a case registered for
the offence punishable under Sections 137(2), 140(3), 3(5) of
the B.N.S.
3. As per the prosecution case, the petitioner along
with other co-accused persons are alleged to have kidnapped
the sister of the informant.
4. Learned counsel for the petitioner submits that
the petitioner and the victim were in a relationship. The victim
herself is a major and she fled away from her house with
consent and even solemnized marriage with the petitioner and
she has supported such fact in her statement recorded under
Section 183 of the B.N.S.S.. Further, she has even refused her
medical examination. The petitioner is in custody since
02.06.2025.
Patna High Court CR. MISC. No.83669 of 2025(3) dt.11-03-2026
2/2
5. Learned APP for the State opposed the grant of
bail on the basis of allegations and on the ground that he has
criminal antecedent. However, in response it has been
submitted that the petitioner is on bail in all cases.
6. Taking into consideration the facts and
circumstances and considering the statement of the victim
under Section 183 of the B.N.S.S., let the above named
petitioner, be released 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 A.D.J.-VI-cum-
Special Judge, POCSO Act, Lakhisarai/concerned Court below
in connection with Suryagarha P.S. Case No. 146 of 2025
subject to condition that:-
(i) One of the bailors will be his own
blood relative, preferably, father, mother, brother,
sister and/or his wife.
(ii) The petitioner shall remain physically
present in court on each and every date during trial
and in the event of failure on two consecutive dates
without sufficient reasons, his bail bonds shall be
liable to be cancelled by the learned court concerned.
(Soni Shrivastava, J)
anand/-
U T
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