Patna High Court
Ranjeet BaithaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
Petitioner Ranjeet Baitha, who is in custody, applied for bail in a case registered under Sections 96, 123, 303(2), 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, alleging kidnapping of the informant’s sister for marriage and theft of jewellery and cash. The prosecution’s informant claims the petitioner abducted the minor sister, while the sister’s statement under Section 183 of the BNSS says she left voluntarily, wishes to marry the petitioner, and is aged 20‑22 years as per a medical board, rendering the school certificate irrelevant under the Juvenile Justice Act, 2015. The petitioner has no prior criminal record. The State opposed bail. The court, after considering the victim’s voluntary statement and lack of antecedents, granted bail on a Rs.10,000 bond with two sureties and imposed conditions regarding attendance, surety composition, and possible cancellation for future offences or concealment of antecedents. The order also clarified that any observations made therein would not affect the trial.
Issues considered
- Whether bail should be granted to the accused in a kidnapping and theft case where the alleged victim has voluntarily withdrawn the complaint and is of adult age.
- Whether the age of the alleged victim, as determined by a medical board, negates the applicability of the Juvenile Justice Act, 2015.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 123, 183, 303(2), 3(5), 351(2), 96
- Juvenile Justice (Care and Protection of Children) Act, 2015
Subjects
- bail
- kidnapping
- theft
- Bharatiya Nyaya Sanhita
- Juvenile Justice Act
- victim's statement
- surety
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85843 of 2025
Arising Out of PS. Case No.-291 Year-2025 Thana- CHIRAIYA District- East Champaran
======================================================
Ranjeet Baitha, S/O Suresh Baitha, Resident of Village- Madhopur, P.S.-
Chiraiya, District- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate
For the Opposite Party/s : Mr. Mritunjay Kumar Nirala, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 09-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner, who is in custody, seeks bail in
connection with Chiraiya P.S. Case No. 291 of 2025 registered
for the offences punishable under Sections 96, 123, 303(2),
351(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant has
alleged that the petitioner had kidnapped the minor sister of the
informant with an intention to marry her. It is further alleged
that the minor sister of the informant was kidnapped and jewelry
worth of Rs.5,00,000/- along with cash of Rs.65,000/- was also
taken away.
4. Learned counsel for the petitioner submits that the
allegation of kidnapping is false and fabricated and in fact, the
Patna High Court CR. MISC. No.85843 of 2025(2) dt.09-01-2026
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sister of the informant has gone out of her own sweet will and in
her statement made under Section 183 of the BNSS she has
categorically stated that she knew the petitioner for the last four
years and she wanted to marry the petitioner. It has further
stated that she has gone out of her house of her own free will
and nobody had kidnapped her. It has next been submitted that
as far as the age of the victim is concerned a school certificate
was appended by the police, however, the same is not a valid
document under the Juvenile Justice (Care and Protection of
Children) Act, 2015, however, the Medical Board was
constituted and it was found that the age of the victim is
between 20-22 years. It has further been submitted that from the
non-admission of the victim, it would suffice that there was no
force induced by the petitioner in order to take away the sister of
the informant and he is in custody since 10.07.2025 having no
criminal antecedent.
5. The learned A.P.P. has vehemently opposed the
prayer for bail.
6. Considering the aforesaid submissions made by the
parties, 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 the learned
Patna High Court CR. MISC. No.85843 of 2025(2) dt.09-01-2026
3/3
court below where the case is pending/successor court in
connection with Chiraiya P.S. Case No. 291 of 2025, subject to
the following conditions:-
(i) One of the bailors of the petitioner shall
be his close relative and the other shall be local
resident.
(ii) The petitioner shall remain physically
present in Court on each date of the trial.
(iii) In case of absence on two consecutive
dates or in violation of the terms of the bail, the bail
bond of the petitioner will be liable to be cancelled by
the court concerned.
(iv) If the petitioner is found involved in
similar nature of offence in future, the prosecution shall
be at liberty to move for cancellation of his bail bond.
(v) The learned Court below shall 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.
7. Accordingly, the prayer for bail is allowed.
8. It is made clear that the observation, if any, made in
this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
manoj/-
U T
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