Patna High Court
Raushan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PARTHA SARTHY
Holding
The court denied bail, holding that the allegations and victim's statement warranted the continuation of custody.
Summary
Petitioner Raushan Kumar applied for regular bail under section 96 of the Bharatiya Nyaya Sanhita, 2023 in a case where the informant alleged that he attempted to kidnap her minor daughter. The prosecution presented the FIR and the victim's statement recorded under section 183 of the B.N.S.S. The petitioner claimed he was falsely implicated due to a prior dispute and highlighted his lack of criminal antecedents. The court examined the allegations and the victim's statement and found them sufficient to deny bail. Consequently, the bail application was rejected, but the petitioner was permitted to file a fresh bail prayer after four months or after the charge is framed, whichever is later.
Issues considered
- Whether regular bail should be granted to the petitioner under section 96 of the Bharatiya Nyaya Sanhita, 2023 in view of the alleged attempted kidnapping and the victim's statement under section 183.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 183, 96
Subjects
- bail
- attempted kidnapping
- false implication
- victim statement
- criminal procedure
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89986 of 2025
Arising Out of PS. Case No.-95 Year-2025 Thana- NIMACHANDPURA District- Begusarai
======================================================
Raushan Kumar Son of Raj Kishore Sahni @ Raj Kishor Sahni R/O Village-
Ajhaur, P.S.- Nima Chandpura, Distt.- Begusarai
... ... Petitioner/s
Versus
1. The State of Bihar
2. x x.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bipin Kumar, Advocate
For the State : Mr. Chandra Bhushan Prasad, APP
For the Informant : Mr. Ashok Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
4 19-03-2026 Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Nimachandpura P.S.
Case no. 95 of 2025 registered under section 96 of the Bharatiya
Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant states
that the petitioner and one another accused on a motorcycle
made an attempt to kidnap her minor daughter but as a result of
the intervention of the co-villagers, while the petitioner was
caught the other accused persons managed to escape.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case because of previous
dispute between the parties. Reference is made to the earlier
Patna High Court CR. MISC. No.89986 of 2025(4) dt.19-03-2026
2/2
complaint filed by the mother of the petitioner, details of which has
been given in paragraph no. 13 of the petition. The petitioner is in
custody since 1.9.2025 and has no criminal antecedent. Chargesheet
has been submitted in the case.
5. The application for bail is opposed by learned APP
for the State and learned counsel for the informant. Learned
counsel for the informant submits that the petitioner besides
being named in the FIR, there is allegation of his attempting to
having kidnap the minor daughter of the informant which has
also been supported by the victim in her statement under section
183 of the B.N.S.S.
6. Having heard learned counsel for the parties and
taking into consideration the allegations in the FIR together with
the contents of the statement of the victim recorded under
section 183 of the B.N.S.S., the Court is not inclined to enlarge the
petitioner on bail and the application is rejected.
7. Liberty is granted to the petitioner to renew his
prayer for bail after four months or on framing of charge,
whichever is later.
(Partha Sarthy, J)
sauravkrsinha/-
U T
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