Patna High Court
Santosh Roy @ Santosh Kumar Roy @ Santosh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to a bond and specified conditions.
Summary
Santosh Roy was arrested on 25‑08‑2025 in connection with a kidnapping case (PS‑Dagarua Case No. 292 of 2025) under Sections 137(2), 140(1) and 3(5) of the BNS. The informant, the father of the alleged victim, claimed his 16‑year‑old daughter was abducted and that Roy’s mobile was switched off, suggesting a threat to her life. Roy’s counsel argued that the FIR is fabricated, that Roy and the girl were lawfully married on 22‑08‑2025, and that the victim’s statement under Section 183 of the BNSS does not support the prosecution’s case. The prosecution opposed bail, but the court noted the victim was living with Roy as his wife and that there was no evidence of concealment of criminal antecedents. Accordingly, the court granted bail on a Rs 10,000 bond with two sureties and imposed conditions regarding cooperation, presence in court, and non‑tampering with evidence.
Issues considered
- Whether bail should be granted to the accused in offences under Sections 137(2), 140(1) and 3(5) of the BNS.
- Whether the FIR alleging kidnapping is fabricated and the marriage of the accused to the alleged victim negates the charge.
- Whether the victim’s statement under Section 183 of the BNSS affects the bail decision.
Legislation cited
Subjects
- bail
- kidnapping
- minor
- marriage
- fabricated FIR
- Criminal Procedure Code
- POCSO
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87863 of 2025
Arising Out of PS. Case No.-292 Year-2025 Thana- DAGARUA District- Purnia
======================================================
Santosh Roy @ Santosh Kumar Roy @ Santosh Kumar S/O Dinesh Roy R/O
Village- Gogar Pani Tanki, P.S- Dagarua, Distt.- Purnea.
... ... Petitioner
Versus
1. The State of Bihar
2. A W/O B, D/O X R/O Village- Gogar Pani Tanki, P.S- Dagarua, Distt.-
Purnea.
3. X S/O Y R/O Village- Nikh Rail Ward No.-15, P.S- Dagarua, Dist.- Purnea.
... ... Opposite Parties
======================================================
Appearance :
For the Petitioner/s : Mr. Ajit Ranjan Kumar, Advocate
For the Opposite Party/s : Mr. Mukesh Kumar Singh, A.P.P.
For the informant : Mr. Shailendra Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 30-03-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
25.08.2025 in connection with Dagarua P.S. Case No. 292 of
2025 for the offences punishable under Sections 137(2), 140(1)
and 3(5) of BNS.
3. The prosecution story, in brief, is that the informant
filed an application before S.HO. Dagarua Police Station stating
therein that on 14.08.2025 at about 3.30 A.M. his minor
daughter aged about 16 years disappear from his house. He
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made a search about his daughter. During course of search, he
came to know that FIR named accused persons including this
petitioner have kidnapped his daughter and kept her in some
unknown place. It is next alleged that when he made call on the
mobile of Santosh Roy it was switched off. He has suspicion
that they will kill his daughter or commit any untoward incident
with his daughter.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and the allegation as alleged in
the FIR is forged and fabricated and the petitioner has not
committed any offence as alleged in the FIR. Learned counsel
for the petitioner submits that, in fact, the petitioner was in love
with the victim girl and both have performed marriage on
22.08.2025 at Puran Devi Temple, Purnea and the OP No. 2 has
filed a petition dated 08.09.2025 before the Judicial Magistrate,
1st Class, Purnea stating therein that she has performed the
marriage with the petitioner. Apart from aforesaid, the victim in
her statement recorded under Section 183 of BNSS has not
supported the case of the prosecution. Learned counsel for the
petitioner further submits that the victim is presently living as a
wife in the house of the petitioner with full dignity and honour.
5. The learned Additional Public Prosecutor for the
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State and learned counsel for the informant, on the other hand,
have vehemently opposed the prayer for bail of the petitioner.
Learned counsel for the informant fairly submits that she is
living in the house of the petitioner as his wife with full honour
and dignity.
6. Considering the aforesaid facts and circumstances,
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 Additional
Sessions Judge VII-cum-Special Judge (POCSO), Purnea in
connection with Dagarua P.S. Case No. 292 of 2025, subject to
the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be canceled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
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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.
(Rajesh Kumar Verma, J)
Gaurav Sinha/-
U T
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