Patna High Court
Sanni Kumar @ Raushan Kumar @ Sanni @ RaushanversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PURNENDU SINGH
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
- Code of Criminal Procedure, 1973 — s. 183
- Indian Penal Code — s. 365, 366
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
Checking your session…