Patna High Court
Jhunnu Khan @ Jhunna KhanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that bail may be granted to the petitioner subject to a bond of Rs.10,000, two sureties, and conditions under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S.
Summary
The petitioner, Jhunnu Khan, was accused of an offence under Section 366 of the Indian Penal Code for allegedly abducting and marrying a woman who was already married. The prosecution alleged that the victim was taken away by the petitioner and later married him, with her statement recorded under Section 164 of the Cr.P.C. The petitioner applied for bail, claiming a clean antecedent, while the State opposed the bail. The court examined whether the seriousness of the alleged offence justified denial of bail and considered the applicability of Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S. for imposing conditions. Finding no compelling reason to refuse bail, the court ordered bail on a bond of Rs.10,000 with two sureties and the stipulated conditions. The order was pronounced by Justice Prabhat Kumar Singh of the Patna High Court.
Issues considered
- Whether bail can be granted to the petitioner in a case registered under Section 366 IPC.
- Whether the seriousness of the alleged offence warrants denial of bail.
- Whether conditions under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S. are applicable.
Legislation cited
- Bihar Negotiable Securities Act — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 164, 438(2)
- Indian Penal Code — s. 366
Subjects
- bail
- Section 366 IPC
- Criminal Procedure Code
- Section 438
- Section 482
- Patna High Court
- Darbhanga
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12171 of 2026
Arising Out of PS. Case No.-351 Year-2023 Thana- KEWATI District- Darbhanga
======================================================
Jhunnu Khan @ Jhunna Khan S/o- Japhir Khan @ Jafir Khan @ Jafir Ahmed
Khan R/v- Chakka Lahwar Ps- Keoti Dist- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Subhash Kumar Jha
For the Opposite Party/s : Mr.Rana Randhir Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 24-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence under Section 366 of the Indian Penal
Code.
3. The case of the prosecution, in brief, is that on
01.12.2023, daughter of the informant went out of her house,
but did not return and after a few days, the informant came to
know that his daughter was taken away by this petitioner, who
was already married, having five children from before. After
recovery of the victim, her statement was recorded under
Section 164 Cr.P.C. wherein she has stated that she went with
this petitioner and married with him, who was married from
before with another woman. Petitioner claims clean antecedent.
4. Learned A.P.P. opposes the prayer for bail.
Patna High Court CR. MISC. No.12171 of 2026(2) dt.24-02-2026
2/2
5. Considering the aforesaid facts and circumstances,
in the event of arrest/surrender before the Trial Court within a
period of eight weeks from today, let the above named petitioner
be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of learned A.C.J.M. - IX, Darbhanga in connection
with Keoti P.S. Case No. 351 of 2023, corresponding to G.R.
No. 4125 of 2023, subject to condition as laid down under
Section 438(2) of the Cr.P.C. / Section 482(2) of the B.N.S.S.
(Prabhat Kumar Singh, J)
anay
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.