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Patna High Court

Vishwajeet Kumar @ GoluversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to bond and conditions under Section 482(2) of the B.N.S.S.

Summary

Vishwajeet Kumar applied for bail anticipating arrest in a case registered under Sections 96, 140(1), 351(2) and 3(5) of the B.N.S. The informant alleged that the petitioner kidnapped her minor daughter, but the alleged victim later gave a statement under Section 183 BNSS stating she left home voluntarily and implicating her mother and a man named Md. Aarif, not the petitioner. The petitioner’s counsel argued that he has a clean antecedent and was falsely implicated, emphasizing that the victim’s statement does not support the prosecution’s case. The State’s counsel did not dispute the victim’s statement. The Court observed that the victim’s statement fails to establish a prima facie case against the petitioner and, under Section 482(2) of the B.N.S.S., ordered his release on bail upon furnishing a bond of Rs.5,000 with two sureties. The application for bail was therefore allowed.

Issues considered

  • Whether the allegations of kidnapping constitute a prima facie case warranting denial of bail
  • Whether the victim’s statement under Section 183 BNSS, which does not implicate the petitioner, justifies granting bail

Legislation cited

Subjects

  • bail
  • kidnapping
  • false implication
  • victim statement
  • Section 183
  • Section 482
  • criminal procedure
  • anticipatory bail
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9777 of 2026
                    Arising Out of PS. Case No.-203 Year-2025 Thana- ISHAKCHAK District- Bhagalpur
                 ======================================================
                 Vishwajeet Kumar @ Golu S/o- Virendra Mahto R/v- Vikrampur Ps- Bihpur
                 Dist- Naugachia

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sumit Kumar Gupta
                 For the Opposite Party/s :       Mr.Chandra Bhushan Prasad- A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   27-04-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Sections 96, 140(1), 351(2) and 3(5) of the B.N.S.

                                3. The learned counsel for the petitioner submits that

                   the petitioner is a person with clean antecedent and the

                   informant alleges that her minor daughter was kidnapped by the

                   petitioner, Ashutosh and others and the informant fears that her

                   daughter might be harmed.

                                4. The learned counsel for the petitioner submits that

                   petitioner has been falsely implicated in the instant case by the

                   informant as petitioner and the victim were known to each other.

                   It is next submitted that victim came back and her statement was
Patna High Court CR. MISC. No.9777 of 2026(3) dt.27-04-2026
                                            2/3




          recorded under Section 183 BNSS. It is also submitted that the

          victim in her statement recorded under Section 183 BNSS has

          not supported the case of the prosecution rather has said that she

          on her own volition left the house on 14.08.2025 and went to

          stay in a girls lodge. The victim further stated that her mother is

          in a relationship with one Md. Aarif and Aarif used to come to

          their house and her mother made her sleep with Aarif, on

          objection the room was locked from outside and Aarif

          committed rape on 31.06.2023, thereafter she went and

          disclosed the said occurrence to her maternal grandmother and

          other family members but they did not believe. She has further

          stated that though she had forgiven her mother but then Aarif

          kept coming to the house and the mother used to insist for

          establishing relation hence she fled from the house.

                       5. The learned counsel appearing on behalf of the

          petitioner next submits that from perusal of the statement of the

          victim recorded 183 BNSS, it would manifest that she has not

          even remotely suggested the involvement of the petitioner in the

          occurrence in any manner rather thrust of her statement is

          against her mother and Aarif.

                       6. Learned A.P.P. Sri Chandra Bhushan Prasad after

          perusing the statement of the victim recorded under Section 183
               Patna High Court CR. MISC. No.9777 of 2026(3) dt.27-04-2026
                                                           3/3




                         BNSS does not dispute the said submission of the learned

                         counsel appearing on behalf of the petitioner.

                                      7. After hearing the learned counsel for the parties,

                         the petitioner, above-named, in the event of his arrest or

                         surrender before the learned Court below within a period of six

                         weeks, is directed to be released on bail on his furnishing bail-

                         bonds in the sum of Rs.5,000/- (Rupees Five Thousand) with

                         two sureties of the like amount each to the satisfaction of the

                         learned Trial Court where the case is pending/successor Court in

                         connection with Ishakchak P. S. Case No.203 of 2025, subject to

                         the conditions laid down under Section 482(2) of the B.N.S.S.

                                      8. The application stands allowed.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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