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Patna High Court

Sanni Kumar @ Raushan Kumar @ Sanni @ RaushanversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court refused to grant pre‑arrest bail, dismissing the bail application.

Summary

The petitioner, Sanni Kumar, applied for pre‑arrest bail in a case registered under Sections 365 and 366 of the Indian Penal Code, alleging kidnapping and wrongful confinement of a woman. The FIR and the victim’s statement under Section 183 of the Criminal Procedure Code allege that the petitioner abducted the informant’s wife, stole ornaments and cash, and had sexual relations with her on two occasions. The petitioner claimed innocence and a clean antecedent, while the State opposed bail, relying on the victim’s corroborating statement. The court, after considering the victim’s statement supporting the prosecution, declined to grant pre‑arrest bail. Although the court suggested the parties could attempt reconciliation, it granted the petitioner a three‑month protection period but ultimately disposed of the bail application without granting bail.

Issues considered

  • Whether pre‑arrest bail should be granted to the accused under Sections 365 and 366 IPC.
  • Whether the victim’s statement recorded under Section 183 CrPC warrants denial of bail.

Legislation cited

Subjects

  • pre‑arrest bail
  • kidnapping
  • kidnapping woman
  • victim statement
  • bail denial
  • reconciliation
  • Indian Penal Code
  • Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91918 of 2025
                   Arising Out of PS. Case No.-359 Year-2024 Thana- HAJIPUR SADAR District- Vaishali
                 ======================================================
                 Sanni Kumar @ Raushan Kumar @ Sanni @ Raushan S/o Makhan Rai R/o
                 village- Chaksakra, PS- Hajipur Sadar, District- Vaishali

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rajeev Ranjan, Advocate.
                 For the Opposite Party/s :       Mr. Ganesh Prasad Singh, APP.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

3   19-03-2026                     Heard learned counsel appearing on behalf of the

                   petitioner and learned APP for the State.

                                2. The petitioner seeks pre-arrest bail in connection

                   with Hajipur Sadar P.S. Case No. 359 of 2024 registered for the

                   offence punishable under Sections 365 and 366 of the Indian

                   Penal Code.

                                3. As per the allegation made in the F.I.R., the

                   petitioner had allegedly abducted the wife of the informant and

                   had stolen golden ornaments amounting to Rs.5 lakhs and cash

                   of Rs.2 lakhs. When the informant asked the father of the

                   petitioner about whereabout of his wife, they abused and

                   assaulted him.

                                4. Learned counsel appearing on behalf of the

                   petitioner submitted that the petitioner is innocent and he has
Patna High Court CR. MISC. No.91918 of 2025(3) dt.19-03-2026
                                            2/3




          committed no offence as alleged. The petitioner has no concern

          either with the alleged occurrence or with the wife of the

          informant. The petitioner has clean antecedent.

                       5. Learned APP for the State has opposed the prayer

          for bail of the petitioner. He further submitted that the wife of

          the informant in her statement recorded under Section 183

          BNSS has alleged against the petitioner that the petitioner

          confined her in a room for one month and committed wrong

          with her on two occasions and also took her ornaments and cash

          of Rs. 2 lakhs.

                       6. Having heard the rival submissions made on behalf

          of the parties, as well as, having perused the allegation made in

          the F.I.R., and the statement of the victim recorded under

          Section 183 BNSS, it appears that the victim who is the wife of

          the informant has supported the prosecution case. The victim in

          her statement recorded under Section 183 BNSS has stated that

          earlier also on two occasions the petitioner established physical

          relation with her.

                       7. Considering the statement of the victim recorded

          under Section 183 BNSS wherein she has supported the

          prosecution case, I am not inclined to enlarge the petitioner on

          pre-arrest bail.
           Patna High Court CR. MISC. No.91918 of 2025(3) dt.19-03-2026
                                                       3/3




                                  8. However, considering the offence, the parties may

                     reconcile it outside the court and for the said purpose, this Court

                     grants protection of three months to the petitioner.

                                  9. The bail application, accordingly, stands disposed

                     of.


                                                             (Purnendu Singh, J)

mantreshwar/-

U      T


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