Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that, in view of the victim’s denial of kidnapping and the petitioner’s clean antecedent, anticipatory bail was warranted.
Summary
The petitioner, Rahul Kumar, was accused of kidnapping the daughter of an informant for the purpose of marriage under Sections 139 and 87 of the B.N.S., 2023. The victim’s statement recorded under Section 183 of the B.N.S.S. denied any kidnapping and affirmed that she had married the petitioner. The petitioner’s counsel argued innocence, clean antecedent, and sought anticipatory bail, while the State opposed the relief. Considering the victim’s statement and the petitioner’s clean record, the court granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 482 of the B.N.S., 2023. The order directs that the bail be effected if the petitioner is arrested or surrenders within eight weeks.
Issues considered
- Whether anticipatory bail should be granted to the petitioner accused of kidnapping under Sections 139 and 87 of the B.N.S., 2023.
- Whether the victim’s statement under Section 183 of the B.N.S.S. negates the existence of the alleged kidnapping offence.
Legislation cited
- B.N.S., 2023 — s. 139, 183, 482, 87
Subjects
- anticipatory bail
- kidnapping
- marriage
- Section 183
- Section 482
- B.N.S. 2023
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89760 of 2025
Arising Out of PS. Case No.-222 Year-2025 Thana- NAWADA MUFFASIL District- Nawada
======================================================
Rahul Kumar S/o Ratan Yadav Resident Of Village- Bhadokhra, P.S.-
Muffasil, District- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sheo Kumar Prasad
For the Opposite Party/s : Mr.Ram Priya Sharan Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence under Sections 139, 87 of the B.N.S.,
2023.
3. As per F.I.R., this petitioner is alleged to have
kidnapped the daughter of informant for the purpose of
marriage.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. The victim,
in her statement recorded under Section 183 B.N.S.S., has
denied the factum of kidnapping and stated that she has
performed marriage with petitioner. Petitioner claims clean
antecedent.
Patna High Court CR. MISC. No.89760 of 2025(2) dt.15-01-2026
2/2
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. Considering the aforesaid facts & circumstances
and statement of the victim recorded under Section 183 of
B.N.S.S., in the event of arrest/surrender before the Court below
within a period of eight weeks from today, let the above named
petitioner be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned A.C.J.M. - 1st Nawada in
connection with Nawada Muffasil P.S. Case No. 222 of 2025,
subject to condition as laid down under Section 482 of the
B.N.S.S., 2023.
(Prabhat Kumar Singh, J)
anay
U T
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