Created by Fuzzy Cloud

Patna High Court

Sanjay ChoudharyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                          3/3




                        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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.