Patna High Court
Shubham Mishra @ Shubham Kumar MishraversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The High Court granted anticipatory bail to the petitioner subject to a bail bond and conditions under the BNSS, 2023.
Summary
The petitioner, Shubham Mishra, sought anticipatory bail in a case registered under IPC sections 365, 366A and 34 for alleged kidnapping of a minor girl. The FIR named three other accused, and the petitioner’s name surfaced only during investigation; he was not originally named in the FIR. The victim’s statement under Section 164 Cr.P.C. was not on record, but the trial court noted she claimed to have married the petitioner, while the prosecution admitted she made no adverse allegation against him. The petitioner argued that the girl’s age, as medically ascertained to be 17‑18 years, creates reasonable doubt and that there is no allegation of kidnapping for marriage. The court, noting the lack of adverse testimony and the petitioner’s clean antecedent, granted anticipatory bail on a bond of Rs.30,000 with conditions under the Bihar Bail (Non‑Bailable) Special Act, 2023, and directed verification of his criminal record.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the FIR and charges under IPC sections 365, 366A and 34.
- Whether the absence of an adverse statement by the victim under Section 164 Cr.P.C. and the medical age assessment of the victim affect the bail decision.
- Whether the petitioner’s criminal antecedent warrants denial of bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 164
- Indian Penal Code — s. 34, 365, 366A
Subjects
- anticipatory bail
- kidnapping
- kidnapping for marriage
- minor
- IPC
- Cr.P.C.
- Section 164
- criminal antecedent
- bail bond
- Bihar High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10937 of 2026
Arising Out of PS. Case No.-24 Year-2023 Thana- MOHIUDDIN NAGAR District-
Samastipur
======================================================
Shubham Mishra @ Shubham Kumar Mishra Son of Triloki Nath Mishra
Resident of village - Jatua , Police Station - Muffasil , District - Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mahendra Pratap, Advocate
For the Opposite Party/s : Mr. Arun Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 12-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending arrest in connection
with Mohiuddin Nagar P.S. Case No. 24 of 2023, dated
02.02.2023, lodged under Sections 365, 366A and 34 of the
Indian Penal Code.
3. As per the prosecution, FIR has been lodged
against three named accused persons, other than the petitioner,
alleging that they have abducted the daughter of the informant.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
further submits that the petitioner is not named in the FIR,
rather, his name has emerged during the course of investigation.
Counsel further submits that the statement made by the alleged
Patna High Court CR. MISC. No.10937 of 2026(2) dt.12-03-2026
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victim under Section 164 Cr.P.C. is not on record, but the Trial
Court, in the rejection order, has categorically indicated that in
the statement she stated that she entered into marriage with the
petitioner in Bholenath Temple, Chapra.
5. Counsel further submits that the age of the victim
has been alleged to be minor, about 17 years, but actually upon
recovery, the doctor has ascertained her age to be about 17–18
years. Counsel further submits that it is well-settled law that in
cases of doubt, the plus-minus two years of age as ascertained
by the doctor has to be considered. Counsel further submits that
there is no allegation that kidnapping took place for the purpose
of marriage. Counsel also submits that the criminal antecedent
of the petitioner is clean and he is ready to fulfill all conditions
whatsoever shall be imposed by this Court.
6. Learned APP for the State, on the other hand,
opposes the prayer for bail of the petitioner but fairly submits
that in the statement under Section 164 Cr.P.C., the girl has not
disclosed anything against the petitioner.
7. As such, in the present facts and circumstances of
this case, and particularly considering that the age of the victim,
as ascertained by the doctor, is between 17–18 years, and she
has not alleged anything adverse against the petitioner, let the
Patna High Court CR. MISC. No.10937 of 2026(2) dt.12-03-2026
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above named petitioner be released on anticipatory bail, in the
event of arrest or surrender before the Trial Court within a
period of 4 weeks from today, on furnishing bail bond of
Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section
2(1)(d) of the BNSS, 2023 to the satisfaction of Sub Divisional
Magistrate, Shahpur Patori, Samastipur, in connection with
Mohiuddin Nagar P.S. Case No. 24 of 2023, subject to the
conditions as laid down U/s 482(2) of the BNSS, 2023.
8. The Trial Court is hereby directed to verify the
criminal antecedent of the petitioner, and in case it is found at
any stage that the petitioner has concealed his criminal
antecedent, the Trial Court shall take steps for cancellation of
the petitioner’s bail bond. However, the acceptance of the bail
bond in terms of the above-mentioned order shall not be delayed
for the purpose of or in the name of verification.
(Dr. Anshuman, J.)
Aman Kumar/-
U T
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