Patna High Court

Barun KumarversusThe State of Bihar

Decided: 7 January 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was granted to the petitioner subject to specified conditions.

Summary

The petitioner, Barun Kumar, sought anticipatory bail fearing arrest in a case registered under Section 96 of the Bharatiya Nyaya Sanhita and Section 67 of the Information Technology Act, alleging kidnapping of a minor and creation of nude photographs that were circulated online. The petitioner claimed innocence, asserting that the victim’s statement recorded under Section 183 of the B.N.S.S. indicated she went with him voluntarily and denied any kidnapping. The State opposed the bail application. The court considered the victim’s statement and the lack of concrete evidence, and consequently granted anticipatory bail, directing that if arrested within eight weeks, the petitioner be released on a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The order also directed compliance with the Additional Chief Judicial Magistrate‑I, Hilsa, Nalanda.

Issues considered

Whether anticipatory bail can be granted in a case involving alleged kidnapping and child sexual abuse under Section 96 B.N.S.S. and Section 67 IT Act.
Whether the victim’s statement under Section 183 B.N.S.S. negates the prosecution’s case.
Whether the conditions prescribed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita are satisfied for granting bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
Bharatiya Nyaya Sanhita — s. 183, 96
Information Technology Act — s. 67

Subjects

anticipatory bail
kidnapping
child sexual abuse
Information Technology Act
victim statement
Section 96 B.N.S.S.
Section 67 IT Act
Section 482
Bharatiya Nagarik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85941 of 2025
                     Arising Out of PS. Case No.-80 Year-2025 Thana- PARWALPUR District- Nalanda
                 ======================================================
                 Barun Kumar S/o- Pradeep Kumar Sudhanshu @ Pradeep Ram Village-
                 Sheikhpura Dih PS- Tharthari District-Nalanda

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Parmeshwar Vishwakarma, Advocate
                 For the Opposite Party/s :      Mr. Uma Shankar Prasad Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   07-01-2026                   Heard learned counsels for the petitioner and learned

                   A.P.P. for the State.

                                2. Petitioner apprehends arrest in a case registered for

                   the offences punishable under Section 96 of the Bharatiya

                   Nyaya Sanhita and Section 67 of the Information Technology

                   Act.

                                3. It is alleged this petitioner along with other F.I.R.

                   named accused persons kidnapped minor daughter of informant

                   and clicked nude photographs and video involving the victim

                   and made it viral on social media.

                                4. It is submitted that petitioner is innocent and has

                   committed no offence. Victim in her statement, recorded under

                   Section 183 of the B.N.S.S., has denied the factum of

                   kidnapping and has categorically stated that she went with this
              Patna High Court CR. MISC. No.85941 of 2025(2) dt.07-01-2026
                                                          2/2




                        petitioner on her own sweet will. Petitioner claims clean

                        antecedent.

                                     5. Learned A.P.P. for the State vehemently opposed

                        the bail application.

                                     6. Considering statement of the victim recorded under

                        Section 183 BNSS, this anticipatory bail is allowed and it is

                        ordered that the above named petitioner in the event of his

                        arrest/surrender before the court below within a period of eight

                        weeks from today, be enlarged on bail on furnishing bail-bond

                        of Rs. 10,000/- (ten thousand) with two sureties of the like

                        amount each to the satisfaction of Additional Chief Judicial

                        Magistrate-I, Hilsa (Nalanda) in connection with Parwalpur P. S.

                        Case No. 80 of 2025, subject to condition as laid down under

                        Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T

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