Patna High Court
Dipak KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail is granted to the petitioners subject to the conditions imposed by the Court.
Summary
The petitioners, Dipak Kumar and Amrit Kumar, were arrested in connection with a FIR filed by Bijali Devi alleging that they abducted and possibly assaulted her daughter Bhawani Kumari on 29‑30 October 2025. The FIR cites offences under Sections 137(2), 140(3) and 3(5) of the Bihar Narcotic Substances Act, and the victim’s statement under Section 183 of the same Act does not mention sexual assault. The petitioners claimed clean antecedents and asserted that the allegations were fabricated, seeking bail. The State opposed the bail application. The High Court, after considering the facts and the bail criteria, granted bail to both petitioners on a bond of Rs 10,000 each with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence and verification of criminal antecedents.
Issues considered
- Whether bail should be granted to the accused in offences punishable under Sections 137(2), 140(3) and 3(5) of the Bihar Narcotic Substances Act.
- Whether the allegations in the FIR constitute a prima facie case justifying denial of bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 137(2), 140(3), 183, 3(5)
Subjects
- bail
- kidnapping
- FIR
- Bihar Narcotic Substances Act
- Section 183
- criminal antecedent
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1284 of 2026
Arising Out of PS. Case No.-365 Year-2025 Thana- NAUGACHIA District- Bhagalpur
======================================================
1. Dipak Kumar son of Nathni Manjhi Resident of Village -Vishundalpur PS
-Kanti Distt- Muzaffarpur
2. Amrit Kumar son of Dinesh Manjhi Resident of Village - Marwan, Ps-
Karja, Dist- Muzaffarpur
... ... Petitioners
Versus
1. The State of Bihar
2. Bijali Devi Wife of Manish Kumar Paswan Resident of Village-
Musahripatti, Mumtaj Mohalla, Ward no. 21, Ps- Naugachia, Dist-
Bhagalpur
... ... Opposite Parties
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeeb Kumar Sanju
For the Opposite Party/s : Mr. Nawal Kishore Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 06-04-2026 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. Despite valid service of notice, no one appeared on
behalf of the OP No. 2.
3. Petitioners seek bail in connection with Naugachia
P.S. Case No. 365 of 2025 for the offences punishable under
Sections 137(2), 140(3), 3(5) of BNS.
4. The prosecution story, in brief, is that informant
namely Bijli Devi filed a written complaint before Naugachia
Police Station stating that on 29/10/25 one Sakshi Kumari called
the daughter of informant namely Bhawani Kumari to go to the
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shop after which daughter of informant went with Sakshi
Kumari and did not return home till late night. After that all the
family members went in search of Bhawani Kumari (informant's
daughter) and also enquired her relatives but could not find her.
Further on 30.10.2025, the informant came to know that her
daughter used to talk to one boy namely Dipak Kumar
(petitioner no.1) and there is chance that Amrit Kumar along
with Dipak Kumar have made the daughter of the informant
disappear. Further the informant tried to call Sakshi Kumari
several times but her mobile was switched off. Fearing
something wrong will happen with her daughter, the informant
lodged this instant F.I.R.
5. Learned counsel for the petitioners submits that
petitioners have clean antecedent and have falsely been
implicated in the present case. It is further submitted that the
allegation as alleged in the FIR is forged and fabricated and the
petitioner has not committed any offence as alleged in the FIR.
It is next submitted that the victim in her statement recorded
under Section 183 of BNSS has not stated anything about the
sexual assault. Apart from aforesaid, she has also refused for her
medical examination and the police after investigation has
submitted charge-sheet and the petitioner is in custody since
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31.10.2025.
6. Learned Additional Public Prosecutor for the State
has vehemently opposed the prayer for bail of the petitioners.
7. Considering the aforesaid facts and circumstances,
let the petitioners, above named, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with
two sureties of the like amount each to the satisfaction of the
learned ACJM, 1st Naugachia in connection with Naugachia P.S.
Case No. 365 of 2025, subject to the following conditions:-
i. Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on their absence on two consecutive dates without sufficient
reason, their bail bond shall be canceled by the Court below.
ii. If the petitioners tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
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acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Gaurav Sinha/-
U T
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