Patna High Court
Shyam Sundar Sonar @ Shyam Sundar SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that the petitioners are entitled to anticipatory bail as the victim’s statement under Section 183 disavows the kidnapping and the petitioners have no prior criminal record.
Summary
The petitioners, Shyam Sundar Sonar and Rita Devi, sought anticipatory bail fearing arrest in a case registered under Sections 137(2), 87 and 3(5) of the B.N.S. for alleged kidnapping of an informant's daughter. The prosecution alleged that the petitioners, along with other accused, abducted the girl and threatened the informant. The petitioners contended they were innocent, merely parents of a co‑accused, and that the victim’s statement recorded under Section 183 of the B.N.S. denied any kidnapping and did not name them. The court noted the victim’s statement, the petitioners’ clean antecedents, and the lack of incriminating evidence against them. Consequently, the court granted anticipatory bail, directing that if arrested within eight weeks they be released on bail with a bond of Rs 10,000 and two sureties, subject to conditions under Section 482(2) of the B.N.S.
Issues considered
- Whether the petitioners are entitled to anticipatory bail in view of the victim’s statement and their clean antecedents
- Whether the allegations under Sections 137(2), 87 and 3(5) of the B.N.S. constitute a sufficient ground to deny bail
Legislation cited
- B.N.S. — s. 137(2), 183, 3(5), 482(2), 87
Subjects
- anticipatory bail
- kidnapping
- false implication
- victim statement
- clean antecedents
- Section 183
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84824 of 2025
Arising Out of PS. Case No.-76 Year-2025 Thana- HASANPUR District- Samastipur
======================================================
1. Shyam Sundar Sonar @ Shyam Sundar Sah S/o Late Ganesh Sah R/o village
-Shasan ward no. 5, P.S. - Hasanpur @ Hassanpur, District - Samastipur
2. Rita Devi W/o Shyam Sundar Sonar @ Shyam Sundar Sah R/o village
-Shasan ward no. 5, P.S. - Hasanpur @ Hassanpur, District - Samastipur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Md. Mokarram S/o Md. Farmood R/o village -Shasan ward no. 4, P.S. -
Hasanpur @ Hassanpur, District - Samastipur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Mr. Santosh Kumar, Advocate
For the State : Mr. Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
5 17-03-2026 Heard learned counsel appearing on behalf of the
petitioners and learned APP appearing on behalf of the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Sections 137(2), 87
and 3(5) of the B.N.S..
3. The prosecution case, in brief, is that on
07.05.2025, daughter of informant was sleeping at her home and
at about 11 PM, all the F.I.R. named accused persons, including
these petitioners, came there and kidnapped her. It is further
alleged that when the informant protested, all the F.I.R. named
accused persons assaulted and threatened him on mobile not to
Patna High Court CR. MISC. No.84824 of 2025(5) dt.17-03-2026
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file a case.
4. It is submitted by learned counsel appearing on
behalf of the petitioners that petitioners are quite innocent and
have committed no offence. As a matter of fact, co-accused
Harsh and daughter of informant were in love affair and both of
them fled away from their houses. Petitioners have falsely been
implicated in this case merely because they happen to be parents
of co-accused Harsh Kumar. It is further submitted that during
investigation, the victim was recovered and in her statement
recorded under Section 183 of the B.N.S.S., she denied the
factum of kidnapping and has not named these petitioners.
Petitioners claim clean antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioners.
6. Considering the facts and circumstances of the
case, statement of the victim recorded under Section 183 of the
B.N.S.S. and clean antecedents of the petitioners, the prayer for
grant of anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioners be enlarged on bail on furnishing bail-bond of Rs.
Patna High Court CR. MISC. No.84824 of 2025(5) dt.17-03-2026
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10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned A.C.J.M. 2nd, Rosera,
Samastipur in connection with Hassanpur P.S. Case No. 76 of
2025, subject to condition as laid down under Section 482(2) of
the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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