Patna High Court

Bittu Sharma @ Bittu Kumar @ Bittu Kumar SharmaversusThe State of Bihar

Decided: 22 April 2026
Disposal: BAIL GRANTED
Bench: ANIL KUMAR SINHA

Holding

The court granted anticipatory bail to the petitioner.

Summary

The petitioner, Bittu Sharma, was implicated in a case registered under IPC sections 363, 365 and 34 for allegedly luring a 17‑year‑old girl and failing to return her. The petitioner claimed innocence, highlighting a two‑day delay in filing the FIR and asserting that the girl voluntarily accompanied him to Delhi, where they were married in a Shiva temple, as recorded in her statement under Section 164 of the CrPC. The court considered the victim’s voluntary statement, the petitioner’s clean criminal record, and the delay in the FIR. Relying on these factors, the court granted anticipatory bail, subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the B.N.S.S. 2023. The order directs that the petitioner be released on anticipatory bail if arrested within four weeks.

Issues considered

Whether anticipatory bail should be granted to the petitioner despite the FIR under IPC sections 363, 365 and 34.
Whether the victim's voluntary statement under Section 164 CrPC negates the alleged kidnapping and theft.
Whether the two‑day delay in lodging the FIR warrants bail.
Whether conditions under Section 482(2) of the B.N.S.S. 2023 are applicable.

Legislation cited

B.N.S.S., 2023 — s. 482(2)
Code of Criminal Procedure, 1973 — s. 164
Indian Penal Code — s. 34, 363, 365

Subjects

anticipatory bail
kidnapping
theft
IPC
CrPC
voluntary consent
minor
marriage

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.1197 of 2026
                        Arising Out of PS. Case No.-299 Year-2024 Thana- Sahayak District- Katihar
                 ======================================================
                 Bittu Sharma @ Bittu Kumar @ Bittu Kumar Sharma S/O Shukla Sharma @
                 Uma Sharma Resident of Village- Fulwariya, P. S- Korha, District- Katihar


                                                                                      ... ... Petitioner/s
                                                         Versus
           1.    The State of Bihar
           2.    Ramashray Singh S/O Jagroop Singh Resident of Village- Mardwa, P. S-
                 Korha, District- Katihar


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :

                 For the Petitioner/s     :          Mr.Rajendra Prasad Sah

                 For the Opposite Party/s :          Mr.Ajit Kumar

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

4   22-04-2026           1. Heard the parties.

                         2. The petitioner apprehends his arrest in connection with

                   Katihar      Sahayak       P.S.     Case       No.    299     of    2024      dated

                   15.05.2024 registered under Section 363, 365, 34 of the I.P.C.

                         3. As per the F.I.R. on 13.05.2024 at about 9:00 P.M. the

                   minor daughter of the informant, aged about 17 years, had gone

                   out for walk from the house of her brother-in-law and it is

                   alleged that the petitioner and others allured his daughter to

                   accompany them and since then she has not returned home.

                         4. Learned counsel for the petitioner submits that petitioner
Patna High Court CR. MISC. No.1197 of 2026(4) dt.22-04-2026
                                            2/3




          is innocent and he has not committed any offence in the manner

          alleged. He further submits that the occurrence had taken place

          on 13.05.2024 at 9:00 P.M. and the F.I.R. was lodged on

          15.05.2024 i.e. after a delay of about 02 days without any

          plausible explanation. The victim girl was recovered and in her

          statement recorded under Section 164 Cr.P.C. she has

          categorically stated that she on her own free will and volition

          went to Delhi along with the petitioner and they performed

          marriage in a Shiva temple and are living together as husband

          and wife. The petitioner has no criminal antecedent.

               5. Regard being had to the submission made by the parties,

          taking into consideration the statement of the victim girl

          recorded under Section 164 Cr.P.C. in which she has stated that

          voluntarily she went with the petitioner to Delhi and performed

          marriage in a Shiv temple and the petitioner has no criminal

          antecedent, accordingly, I am inclined to grant anticipatory bail

          to the petitioner.

               6. Let the petitioner, above named, be released on

          anticipatory bail in the event of arrest or surrender before the

          court below within a period of four weeks from today on

          furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with

          two sureties of the like amount each to the satisfaction of CJM,
               Patna High Court CR. MISC. No.1197 of 2026(4) dt.22-04-2026
                                                           3/3




                         Katihar in connection with Katihar Sahayak P.S. Case No. 299

                         of 2024 subject to the condition as laid down under Section 482

                         (2) of the B.N.S.S. 2023.



                                                  (Anil Kumar Sinha, J)
praful/-

U          T

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