Patna High Court
Raushan Chaurasia @ Raushan Kumar @ Raushan ChaurasiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to the petitioners, subject to bail bonds and sureties, under the applicable provisions.
Summary
The petitioners, three residents of Dafarpur village, were implicated in a kidnapping case under Sections 96 and 137(2) of the B.N.S. 2023 based on an informant’s FIR dated 17‑08‑2024. They contended that the FIR was filed three days after the alleged incident, that the victim voluntarily took ornaments and money, and that the statement recorded under Section 183 did not indicate any sexual exploitation. The petitioners argued they have clean antecedents and were falsely implicated, seeking anticipatory bail to avoid arrest. The State opposed the bail, maintaining the seriousness of the offences. The Court, after considering the submissions, granted anticipatory bail subject to a bail bond of Rs.10,000 and two sureties, imposing conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S. in a kidnapping case
- Whether the delay in filing the FIR and the nature of the victim’s statement justify granting bail
Legislation cited
- B.N.S., 2023 — s. 137(2), 96
- B.N.S.S. — s. 183, 482(2)
- Cr.P.C. — s. 438(2)
Subjects
- anticipatory bail
- kidnapping
- false implication
- FIR delay
- Section 438
- Section 482
- Criminal Procedure Code
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86097 of 2025
Arising Out of PS. Case No.-178 Year-2025 Thana- NOWKOTHI GARHPURA District-
Begusarai
======================================================
1. Raushan Chaurasia @ Raushan Kumar @ Raushan Chaurasiya Son of
Ramjugut Chaurasiya @ Tana Chaurasia @ Rana Chaurasia Resident of
Village -Dafarpur (Purvi Dafarpur, PS- Nawkothi (Naokothi) District
-Begusarai
2. Sajan kumar son of Lutan Pandit @ Latun Pandit @ Lantun Pandit Resident
of Village -Dafarpur (Purvi Dafarpur, PS- Nawkothi (Naokothi) District
-Begusarai
3. Suraj Kumar @ Miksa son of Kailash Sharma Resident of Village -Dafarpur
(Purvi Dafarpur, PS- Nawkothi (Naokothi) District -Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sandip Kumar Gautam, Advocate
For the Opposite Party/s : Mr. Choubey Jawahar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 10-03-2026 1. 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 offences punishable under Sections 96 and
137(2) of the BNS, 2023.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and the informant
alleges that Suraj Kumar @ Miksa (petitioner no. 3) along with
other accused persons including the petitioner no. 1 and 2
kidnapped his daughter on 14.08.2025, at 07:00 p.m. Further,
alleges that the daughter of the informant had taken ornaments
Patna High Court CR. MISC. No.86097 of 2025(3) dt.10-03-2026
2/4
and Rs.50,000/- with her.
4. Learned counsel for the petitioners submits that
petitioners have been falsely implicated in the instant case by
the informant. It is further submitted that the date of occurrence
is 14.08.2025 and the FIR came to be instituted on 17.08.2024
i.e. after a delay of three days without any plausible explanation.
It is next submitted that from perusal of the allegation as alleged
in the FIR, it would manifest that the informant alleges that the
victim took alongwith herself ornaments and Rs.50,000/- which
amply demonstrates that the victim on her own volition left her
house. It is also submitted that the victim came back and her
statement was recorded under Section 183 of the BNSS wherein
she has stated that she was called by Khusi Kumari to her house
where Raushan Chaurasia (petitioner no. 1) and Sajan Kumar
(petitioner no. 2) were present from before and they forcibly
made her sit on a motorcycle and took her to Pahsara Crossing
and left her where Suraj Kumar (petitioner no. 3) was present
and thereafter Suraj Kumar made her board a train for Delhi and
when she deboarded at Delhi she was caught by the T.T. on
which Suraj Kumar called her brother-in-law, namely, Balmiki
who came and thereafter freed the victim and brought her to his
home and thereafter informed her parents that the victim is
Patna High Court CR. MISC. No.86097 of 2025(3) dt.10-03-2026
3/4
staying with him based on which her parents and brother came
to Delhi where it is alleged that Balmiki assaulted her brother
and took money from them which he had spent in freeing the
victim from the T.T. and thereafter the victim returned. Learned
counsel further submits that the statement of the victim recorded
under Section 183 of the BNSS does not even remotely suggest
that she was exploited sexually. It is next submitted that under
parental pressure the statement has been made but as far as
petitioner no. 1 and 2 are concerned, against them it is alleged
that they made her sit on a motorcycle and left her at Pahsara
Crossing from where she accompanied Suraj Kumar to Delhi. It
is also submitted that petitioners will not abscond rather will
cooperate in the investigation to prove their innocence.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, let the petitioners, above-named, in
the event of their arrest or surrender within a period of six
weeks from today, be released on anticipatory bail on furnishing
bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two
sureties of the like amount each to the satisfaction of the learned
Trial Court where the case is pending/Successor Court in
Patna High Court CR. MISC. No.86097 of 2025(3) dt.10-03-2026
4/4
connection with Naokothi (Nawkothi) P.S. Case No. 178 of
2025, subject to the conditions as laid down under Section
438(2) of the Cr.P.C./482(2) of the B.N.S.S.
(Satyavrat Verma, J)
Kundan/-
U T
Checking your session…