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Patna High Court

Ranjeet BaithaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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• Whether bail should be granted to the accused in a kidnapping and theft case where the alleged victim has voluntarily withdrawn the complaint and is of adult age.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

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
                                            2/3




          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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