Patna High Court
Bimlesh Kumar @ Vimlesh Kumar @ Vimalesh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Bimlesh Kumar, was charged under sections 137(2) and 96 of the B.N.S. for allegedly kidnapping the minor daughter of an informant. The prosecution alleged that the victim was missing and that the petitioner, along with others, abducted her. The victim gave conflicting statements: initially she said she went with the petitioner voluntarily (under Section 180), later she claimed she was kidnapped at gunpoint (under Section 183). A medical examination found no recent sexual assault and the victim’s age was estimated at 15‑17 years. The petitioner has no prior criminal record and has been in judicial custody since 11 July 2025. After hearing both sides, the court granted regular bail on a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite accusations of kidnapping under sections 137(2) and 96 of the B.N.S.
- Whether the contradictory statements of the victim and the lack of medical evidence of assault affect the bail decision
- Whether the petitioner’s clean criminal record and length of custody justify bail
Legislation cited
- B.N.S. — s. 137(2), 180, 183, 96
Subjects
- bail
- kidnapping
- minor
- contradictory statements
- medical examination
- criminal antecedent
- B.N.S. sections 137
- B.N.S. section 96
- B.N.S. section 180
- B.N.S. section 183
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86301 of 2025
Arising Out of PS. Case No.-19 Year-2025 Thana- GAMAHARIYA District- Madhepura
======================================================
Bimlesh Kumar @ Vimlesh Kumar @ Vimalesh Kumar S/o Sudish Yadav @
Sudist Yadav @ Sudist Prasad Yadav Resident of Village - Jogwani
Jibachhpur, Ward no. 15, P.S. - Gamhariya, District - Madhepura.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Nilam Devi Wife of Jitendra Yadav R/o Village - Tok Sihpur, Ward no. 6,
P.S. - Gamhariya, Dist. - Madhepura.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amarnath Jha, Advocate
For the Opposite Party/s : Mr. Humayou Ahmad Khan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 03-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 137(2) and
96 of the B.N.S.
3. The case of the prosecution is that the minor
daughter of the informant was missing. The informant started
searching her and he came to know that the petitioner along
with others have kidnapped her.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that during course of
Patna High Court CR. MISC. No.86301 of 2025(3) dt.03-02-2026
2/3
investigation, the victim has given her statement under Section
180 of the B.N.S.S. wherein she has stated that she has called
the petitioner and went with him for roaming. When her parents
came to know, they suspected that she has been kidnapped by
the petitioner due to which, her parents have filed a case against
this petitioner. After this, the petitioner dropped her at petrol
pump. In her statement under Section 183 of BNSS, she has
stated that the petitioner has kidnapped her on gun point and
was threatened that if she raises alarm, she will be killed. She
was kept in a room and she was dropped at petrol pump after
four days. Learned counsel has further submitted that the victim
of this case has made vacillating statements and in her previous
statement before police, she has stated that she has gone with
the petitioner whereas in her statement under Section 183 of
BNSS, she has stated that the petitioner has kidnapped her on
the gun point. The medical examination of the victim was also
conducted and the doctor has opined that there is no any sign of
recent recent sexual assault present at the time of her
examination. Even, the victim has also not stated in her
statement as to whether any sexual assault was made against her
or not. The board of doctor who has conducted the medical
examination of the victim has opined the age of the victim is
Patna High Court CR. MISC. No.86301 of 2025(3) dt.03-02-2026
3/3
about 15-17 years. A statement has been made in para-3 of this
petition that the petitioner has got no criminal antecedent.
Moreover, he is languishing in judicial custody since
11.07.2025.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Gamhariya P.S. Case No. 19 of 2025 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned C.J.M., Madhepura.
(Ashok Kumar Pandey, J)
Shubham/-
U T
Checking your session…