Patna High Court
Sanjay ChoudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
In the absence of any specific allegation against the petitioners, the court granted anticipatory bail subject to bond and conditions.
Summary
The petitioners, parents of the main accused Kumarjeet Kumar, sought anticipatory bail fearing arrest under Sections 137(2), 96 and 3(5) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) in a case where the accused allegedly fled with a minor to solemnise a marriage. The FIR did not specifically allege any wrongdoing by the petitioners, and the victim’s statement under Section 183 of the Cr.P.C. did not level any charge against them. The State opposed the bail on the basis of the FIR allegations. The High Court, noting the absence of any direct allegation against the petitioners and their clean criminal record, granted anticipatory bail subject to a bond of Rs. 10,000 with two sureties and conditions under Section 438(2) Cr.P.C. and Section 482(2) BNSS. The order directs that bail be effected if they are arrested or surrender within four weeks.
Issues considered
- Whether anticipatory bail can be granted to individuals who are merely parents of the main accused in the absence of any specific allegation against them.
- Whether a statement under Section 183 Cr.P.C. that does not allege wrongdoing shields the petitioners from liability under Sections 137(2), 96 and 3(5) of the BNSS.
- Whether the court may impose conditions under Section 438(2) Cr.P.C. and Section 482(2) BNSS while granting anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 137(2), 3(5), 482(2), 96
- Code of Criminal Procedure, 1973 — s. 183, 438(2)
Subjects
- anticipatory bail
- Bharatiya Nagarik Suraksha Sanhita
- Criminal Procedure Code
- Section 137
- Section 96
- Section 3(5)
- Section 183
- Section 438
- Section 482
- parents of accused
- minor
- love affair
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13600 of 2026
Arising Out of PS. Case No.-303 Year-2025 Thana- UDAKISHUNGANJ District-
Madhepura
======================================================
1. Sanjay Choudhary S/O Kulo Chaudhary R/O Village - Laxmipur, P.S - Uda
Kishunganj, District - Madhepura.
2. Nil Devi @ Mail Devi W/O Sanjay Chaudhary Singh @ Sanjay Chaudhary
R/O Village - Laxmipur, P.S - Uda Kishunganj, District - Madhepura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dr. Sanjay Kumar Singh, Advocate
For the Opposite Party/s : Mr. Satya Nand Shukla, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 18-03-2026 Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 137(2), 96,
3(5) of the B.N.S.
3. The allegation in the First Information Report is
that co-accused, namely Kumarjeet Kumar fled away along with
minor daughter of the informant with intention to solemnize
marriage with her.
4. Learned counsel for the petitioners submits that
the petitioners are the father and the mother of co-accused,
Patna High Court CR. MISC. No.13600 of 2026(2) dt.18-03-2026
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Kumarjeet Kumar, who is said to be the main accused in the
present case with whom, minor daughter of the informant had
fled away. It is further submitted that it is a case of love affair
between the petitioners’ son and the victim girl and the bail
rejection order itself discloses that the victim, after her recovery,
during her statement under Section 183 of the Cr.P.C., which
finds mention in paragraph-85 of the case diary, has not levelled
any allegation against these petitioners.
5. Learned APP for the State opposed the prayer
for anticipatory bail on the basis of allegations made in the First
Information Report.
6. Taking into consideration the facts and
circumstances and considering the fact that there is no specific
allegation against these petitioners in view of the 183 Cr.P.C.
statement, coupled with the fact that they only happened to be
the parents of the main accused, let the above named petitioners,
who have no criminal antecedent, be released on bail, in the
event of their arrest or surrender before the learned Court below
within a period of four weeks from today, on furnishing bail
bond of Rs. 10,000/- (Rupees Ten Thousand) each with two
sureties of the like amount each to the satisfaction of the learned
Court below where the case is pending/successor Court in
Patna High Court CR. MISC. No.13600 of 2026(2) dt.18-03-2026
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connection with Uda-Kishunganj P.S. Case No. 303 of 2025,
subject to the condition as laid down under Section 438 (2) of
the Cr.P.C/ Section 482 (2) of the Bharatiya Nagarik Suraksha
Sanhita (BNSS), 2023.
(Soni Shrivastava, J)
anand/-
U T
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