Patna High Court
Anish KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court granted anticipatory bail to the petitioner with conditions.
Summary
The petitioner, Anish Kumar, sought protection from arrest in a case (Piro P.S. Case No. 66 of 2025) where the informant alleged his involvement in the disappearance of her daughter. The informant claimed the petitioner and his family were responsible, but the alleged missing girl, now a major, testified before the magistrate that she voluntarily married the petitioner and wishes to live with him. The court noted the petitioner’s clean criminal record and the girl’s consistent statements, and considered the petition for anticipatory bail. The court granted anticipatory bail with a cash bond and several conditions, including regular court appearances and non‑interference with witnesses. The order directs that the bail be effective upon arrest or surrender within four weeks, subject to compliance with the stipulated conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the allegations under sections 137(2), 140(3) and 3(5) of the BNS
- Whether the voluntary statements of the alleged missing major girl affect the bail decision
Legislation cited
- BNS — s. 137(2), 140(3), 183, 3(5)
Subjects
- anticipatory bail
- criminal procedure
- missing person
- voluntary marriage
- bail conditions
- BNS
- section 137
- section 140
- section 3
- section 183
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1137 of 2026
Arising Out of PS. Case No.-66 Year-2025 Thana- PIRO District- Bhojpur
======================================================
Anish Kumar S/O Tarun Singh @ Tarun Kumar Singh R/O Village- Rajeyan,
P.S- Piro, Distt.- Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Parmatma Singh, Advocate
For the Opposite Party/s : Mr. Madhura Nand Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 06-02-2026 Heard the parties.
2. The petitioner is apprehending his arrest in
connection with Piro P.S. Case No. 66 of 2025 for the offence
under sections 137(2), 140(3) and 3(5) of the BNS lodged on
08.03.2025 by the informant, Vibha Devi
3. As per the prosecution story, the informant alleged
that when she called her daughter, there was no answer and
later, found that she is missing. The informant suspected the role
of the petitioner and the family members in the disappearance
which followed the FIR.
4. This Court on 04.02.2026 on the submission made
by the learned counsel for the petitioner that the girl is major,
went on her own and married the petitioner, wanted them to
appear before the Court and interim protection was granted to
Patna High Court CR. MISC. No.1137 of 2026(3) dt.06-02-2026
2/3
the petitioner to remain present in the Court alongwith their
respective IDs.
5. The girl also appeared before the learned
Magistrate and recorded her version under Section 183 of the
BNSs where she stated her version that both are major and want
to live together.
6. Today the girl has narrated the same version and
submitted that she is in graduation first year course in the
Psychology subject and is happy residing with the petitioner and
his family members.
7. Taking into account the aforesaid facts, the
petitioner has no criminal antecedent and an undertaking has
been given that he shall be diligently appearing in trial, in that
background, this Court is inclined to extend him the privilege of
anticipatory bail with conditions.
8. Let the petitioner be released on bail in the event of
arrest or surrender within a period of four weeks from the
receipt of this order, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) with two sureties of like amount each to the
satisfaction of learned ACJM-8th, Bhojpur, Ara in connection
with Piro P.S. Case No. 66 of 2025 subject to the following
conditions:
Patna High Court CR. MISC. No.1137 of 2026(3) dt.06-02-2026
3/3
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document (Aadhaar Card/Voter ID Card/Pan Card/Driving
License) to show his/her bona fide;
(ii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his
bail bond by the Trial Court itself;
(iii) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
Adnan/-
U T
Checking your session…