Patna High Court

Sonu Kumar RamversusThe State of Bihar

Decided: 10 March 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The petitioner is entitled to regular bail.

Summary

Sonu Kumar was arrested in connection with an alleged kidnapping of the minor daughter of an informant, charged under sections 137(2) and 96 of the B.N.S. The victim later gave a recorded statement under sections 183 and 180 of the BNSS stating she had left home of her own accord, was staying with the petitioner, liked him, subsequently married him and had a child, and refused a medical examination. The petitioner, who has no prior criminal record, has been in judicial custody since 27‑08‑2025. The State opposed regular bail, arguing the seriousness of the kidnapping charge. The Court, after considering the victim's consensual statements, the marriage, the lack of antecedents and the weak prosecution case, ordered the petitioner to be released on regular bail upon furnishing a bond of Rs.10,000 with two sureties. The order was pronounced by Justice Ashok Kumar Pandey.

Issues considered

Whether the petitioner is entitled to regular bail despite charges under sections 137(2) and 96 of the B.N.S.
Whether the victim's voluntary statement, alleged marriage and child affect the bail determination

Legislation cited

B.N.S. — s. 137(2), 96
BNSS — s. 180, 183

Subjects

regular bail
kidnapping
minor victim
victim statement
marriage
criminal antecedent
sections 137
section 96
section 183
section 180

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89493 of 2025
                        Arising Out of PS. Case No.-92 Year-2024 Thana- Nehra District- Darbhanga
                 ======================================================
                 Sonu Kumar Ram S/o Pinku Ram @ Pintu Ram Resident of Village-
                 Alamnagar, Ward No. 08, P.S.- Alamnagar, District- Madhepura
                                                                             ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Nafisu Zzoha, Advocate
                 For the Opposite Party/s :        Mr. Arun Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   10-03-2026                     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 B.N.S.

                                3. The case of the prosecution is that the minor daughter

                   of the informant was kidnapped by the petitioner.

                                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

                   investigation, the victim has given her statement recorded under

                   Sections 183 and 180 of BNSS wherein she has stated that she fled

                   from her house as she had some disputes with her mother. She

                   went to the house of one Sant Thakur who happens to be the

                   brother of the victim. She has gone to Madhepura alone. She was
            Patna High Court CR. MISC. No.89493 of 2025(3) dt.10-03-2026
                                                        2/2




                      on talking term with the petitioner. She has further stated that she

                      was liking the petitioner and when her mother came to know this

                      fact, she has filed this case. Learned counsel for the petitioner has

                      submitted that during course of investigation, it has come that

                      victim has solemnized marriage with the petitioner and they are

                      also having a kid out of that relationship.          He has further

                      submitted that victim has refused to undergo medical examination.

                      Moreover, the petitioner is languishing in judicial custody since

                      27.08.2025 having no criminal antecedent.

                                   5. Learned APP appearing for the State and learned

                      counsel for the informant have 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

                      Nehra P.S. Case No. 92 of 2024 on furnishing bail bond of

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

                      each to the satisfaction of learned ACJM-VI, Darbhanga.



                                            (Ashok Kumar Pandey, J)
Shubham/-
U     T

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