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Patna High Court

Nagendra ChaudharyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioners, subject to bail bonds and conditions under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S.

Summary

The petitioners, who are relatives of alleged co-accused Bittu Kumar, sought bail fearing arrest in a case registered under Sections 366(A) and 34 of the Indian Penal Code for alleged kidnapping of a girl. The victim, however, recorded a statement under Sections 180 and 183 of the B.N.S.S. denying any kidnapping and stating that she had already married Bittu Kumar in a temple. The petitioners asserted a clean antecedent and argued that the victim's statement undermined the prosecution's case. The State opposed the bail application. Considering the victim’s denial, the petitioners’ clean record, and the legal provisions, the Court ordered that the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000 each with two sureties, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S.

Issues considered

  • Whether bail should be granted to the petitioners accused under Sections 366(A) and 34 IPC in view of the victim’s statement denying kidnapping
  • Whether the petitioners’ clean antecedent and the victim’s marriage claim justify bail

Legislation cited

Subjects

  • bail
  • kidnapping
  • marriage
  • IPC 366A
  • clean antecedent
  • victim statement
  • Section 438 CrPC
  • Section 482 B.N.S.S.

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86010 of 2025
                        Arising Out of PS. Case No.-400 Year-2022 Thana- NOKHA District- Rohtas
                 ======================================================
           1.     Nagendra Chaudhary son of Harihar Choudhary Resident of Village- Susadi,
                  Police Station- Samjhauli, District- Rohtas
           2.    Raju Kumar @ Raju Chaudhary Son of Sri Nagendra chaudhary Resident of
                 Village- Susadi, Police Station- Samjhauli, District- Rohtas
           3.    Munna Kumar son of Sri Nagendra Chaudhary Resident of Village- Susadi,
                 Police Station- Samjhauli, District- Rohtas
           4.    Sonu Kumar Son of Sri Nagendra chaudhary Resident of Village- Susadi,
                 Police Station- Samjhauli, District- Rohtas
           5.    Smt. Laxmina Devi Wife of Sri Nagendra Chaudhary Resident of Village-
                 Susadi, Police Station- Samjhauli, District- Rohtas

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Raj Krishna Jha, Adv.
                 For the Opposite Party/s :       Ms.Gulnar Begum, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   07-01-2026                    Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offence under Sections 366(A), 34 of the

                   Indian Penal Code.

                                3. It is alleged that co-accused Bittu Kumar kidnapped

                   the daughter of the informant and these petitioners are alleged to

                   have assisted co-accused Bittu Kumar in commission of alleged

                   offence.
             Patna High Court CR. MISC. No.86010 of 2025(2) dt.07-01-2026
                                                         2/2




                                    4. It is submitted on behalf of petitioners that the

                       victim, in her statement recorded under Sections 180 & 183

                       B.N.S.S., has denied the factum of kidnapping and stated that

                       she had already solemnized marriage with co-accused Bittu

                       Kumar in a temple. Petitioners are family members of co-

                       accused Bittu Kumar and claim clean antecedent.

                                    5. Learned A.P.P. for the State has opposed the bail

                       petition.

                                    6. Considering the statement of the victim recorded

                       under Section 183 B.N.S.S. and clean antecedent of petitioners,

                       let the above named petitioners, in the event of their

                       arrest/surrender within a period of eight weeks from today, be

                       enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten

                       thousand) each with two sureties of the like amount each to the

                       satisfaction of learned A.C.J.M. 1st Sasaram at Rohtas in

                       connection with Nokha P.S. Case No. 400 of 2022, subject to

                       condition as laid down under Section 438(2) of the Cr.P.C. /

                       Section 482(2) of the B.N.S.S.



                                             (Prabhat Kumar Singh, J)
anay/-

U        T


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