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Patna High Court

Shivam Kumar @ Shibham KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied to the petitioner.

Summary

The petitioner, Shivam Kumar, sought anticipatory bail after the police registered a case alleging his involvement in kidnapping the minor daughter of an informant and threatening the informant. The prosecution alleged that the petitioner lured and abducted the child, and the victim’s statement recorded under Section 183 of the Bharatiya Nyaya Sanhita implicated him. The petitioner feared arrest and applied for anticipatory bail, arguing lack of sufficient evidence. The court examined the seriousness of the alleged offences under Sections 137(2), 96 and 3(5) of the Bharatiya Nyaya Sanhita and the victim’s recorded statement. Considering the gravity of the charges and the corroborative victim statement, the court refused the anticipatory bail application.

Issues considered

  • What is the appropriateness of granting anticipatory bail to the petitioner under the Bharatiya Nyaya Sanhita in view of the alleged kidnapping and threats?
  • Whether the victim’s statement recorded under Section 183 BNYS suffices to deny anticipatory bail?

Legislation cited

Subjects

  • anticipatory bail
  • kidnapping
  • child abduction
  • threats
  • Bharatiya Nyaya Sanhita
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91570 of 2025
                        Arising Out of PS. Case No.-165 Year-2025 Thana- Lakho District- Begusarai
                 ======================================================
                 Shivam Kumar @ Shibham Kumar S/o Mahadev Paswan Ro Vill./Mohalla-
                 Azad Nagar Kasimpur, Ward No. 4, Bhagwanpur, Bahdarpur, VTC- Dhobauli,
                 P.O.- Dhobauli, P.s.- Lakho, Dist.- Patna.- 851129

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Arvind Kumar, Advocate
                 For the Opposite Party/s :        Mr. Pranav Kumar, A.P.P.
                 For the Informant        :        Mr. Shreekant Vaidya, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   19-01-2026                  Heard learned counsel for the petitioner, informant

                   and learned A.P.P. for the State.

                                2. Petitioner apprehends arrest in case registered for

                   the offences punishable under Sections 137(2), 96, 3(5) of the

                   Bharatiya Nyaya Sanhita.

                                3. As per prosecution case, this petitioner lured and

                   kidnapped minor daughter of the informant and when

                   confronted, accused persons verbally abused and threatened the

                   informant. Victim in her statement, recorded under Section 183

                   BNSS, has supported the prosecution case and has named this

                   petitioner as one of the kidnappers.

                                4. In view of the gravity of the offence and statement

                   of the victim recorded under Section 183 BNSS, prayer for
              Patna High Court CR. MISC. No.91570 of 2025(2) dt.19-01-2026
                                                          2/2




                        anticipatory bail of the petitioner is refused.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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