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Patna High Court

Ashok KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioners.

Summary

The petitioners, Ashok Kumar and Sikander Yadav, sought anticipatory bail fearing arrest in a case (Dhangai P.S. Case No. 75/2025) under Section 87 of the BNS. The alleged victim returned and recorded a statement under Section 183 of the BNSS, stating she voluntarily left with her lover and denied any kidnapping or force by the petitioners, also refusing medical examination. The petitioners are teenage individuals with no prior criminal record. The State opposed the bail. Considering the victim’s statement, the petitioners’ clean antecedent, and the circumstances, the court granted anticipatory bail subject to a bail bond of Rs.20,000 each with two sureties, under the conditions of Section 482(2) of the BNSS.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the BNSS in view of the victim’s statement under Section 183 and lack of criminal antecedent.
  • Whether the allegations under Section 87 of the BNS constitute a cognizable offence warranting arrest.

Legislation cited

  • BNS — s. 87
  • BNSS — s. 183, 482(2)

Subjects

  • anticipatory bail
  • Section 87
  • Section 183
  • Section 482
  • kidnapping
  • victim statement
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15026 of 2026
                       Arising Out of PS. Case No.-75 Year-2025 Thana- DHANGAI District- Bhojpur
                 ======================================================
           1.     Ashok Kumar S/o Laxman Yadav R/o Village - Shivpur, P.S - Dhangai,
                  District - Bhojpur
           2.    Sikander Yadav @ Sikendar Kumar S/o Baiju Yadav R/o Village - Shivpur,
                 P.S - Dhangai, District - Bhojpur

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Akash Kumar Mishra, Adv.
                 For the Opposite Party/s :       Mr.Jagdhar Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

2   01-04-2026                  Heard the parties.

                                2. The petitioners apprehend their arrest in connection

                   with Dhangai P.S. Case No. 75/ 2025 registered for the

                   offence(s) punishable under Section(s) 87 of the BNS.

                                3. Learned counsel for the petitioners submits that the

                   so-called victim has herself returned back and recorded her

                   statement under section 183 of the BNSS in which she clearly

                   stated that she was in a love affair with one namely, Suraj and

                   had voluntarily gone with him. The victim denied to undergo

                   medical examination after her recovery and she did not allege

                   that the petitioners had forcibly kidnapped her or compelled her

                   to go anywhere. It is lastly submitted that both the petitioners
            Patna High Court CR. MISC. No.15026 of 2026(2) dt.01-04-2026
                                                        2/2




                      are teenage persons having no criminal antecedent.

                                    4. Learned APP appearing for the State has opposed

                      the bail prayer of the petitioners.

                                   5. In the facts and circumstances of this case and

                      considering the statements made in the petition as well as above

                      submissions, coupled with the petitioners’ fair and clean

                      antecedent, this court is inclined to grant the relief of

                      anticipatory bail to the petitioners. Accordingly, let the

                      petitioners named-above, in the event of their arrest/surrender

                      before the learned court below within a period of six weeks

                      from today, be released on anticipatory bail in connection with

                      Dhangai P.S. Case No. 75/ 2025 on furnishing bail bonds of Rs.

                      20,000/- (Rupees Twenty Thousand) each with two sureties of

                      the like amount each to the satisfaction of the Court concerned,

                      subject to the conditions as laid down under Section 482(2) of

                      the BNSS.



                                                (Shailendra Singh, J)
BKS/-

U       T


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