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Patna High Court

Harish Kumar @ Chotu Kumar @ Haresh KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The anticipatory bail application was denied.

Summary

Harish Kumar, an 18‑year‑old student, was named in an FIR (Daudpur PS Case No. 189 of 2025) alleging that he abducted a minor girl on a motorcycle, invoking sections 137(2), 96 and 3(5) of the Indian Penal Code. The girl later gave a statement under Section 183 of the Bihar Police Act supporting the prosecution’s version. The petitioner filed an anticipatory bail application, claiming he was merely conversing with the girl and had no criminal antecedents. The Court examined the allegations, the victim’s statement, and the seriousness of the offences. Considering the gravity of the accusations, the Court rejected the anticipatory bail but allowed the petitioner to surrender and apply for regular bail within eight weeks, promising a prompt hearing.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner in view of the allegations of kidnapping and abduction of a minor under IPC sections 137(2), 96 and 3(5).
  • Whether the victim’s statement under Section 183 of the Bihar Police Act defeats the petitioner's claim for anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • kidnapping
  • minor
  • Indian Penal Code
  • Bihar Police Act
  • bail procedure
  • criminal law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15300 of 2026
                       Arising Out of PS. Case No.-189 Year-2025 Thana- DAUDPUR District- Saran
                 ======================================================
                 Harish Kumar @ Chotu Kumar @ Haresh Kumar Son of Sunil Bin Resident
                 of Village- Bangra Bin Toli, P.S.- Daudpur, District- Saran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Khushi Awadh, Advocate
                 For the Opposite Party/s :       Mr. Rajendra Nath Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   12-03-2026                  Heard the parties.

                                2. The petitioner is apprehending his arrest in

                   connection with Daudpur P.S. Case No. 189 of 2025 for the

                   offence under sections 137(2), 96 and 3(5) of the lodged on

                   25.07.2025 by the informant, Suryamuni Devi.

                                3. As per the prosecution story, the informant alleged

                   that when the minor daughter went to attend the nature’s call,

                   the named accused took her away on a motorcycle. This led to

                   the FIR.

                                4. Learned counsel for the petitioner submits that he is

                   a young boy, student and he was in conversation with the girl

                   but now, the FIR.

                                5. Learned APP, Mr. Jitendra Kumar Singh opposes

                   the prayer and has taken this Court to the learned Sessions
          Patna High Court CR. MISC. No.15300 of 2026(2) dt.12-03-2026
                                                      2/2




                    Judge order to show that after the victim returned home, she has

                    made statement under Section 183 of the BNSs supporting the

                    prosecution story and alleged that she was kept at the

                    petitioner’s maternal grand mother’s house for the entire night

                    but only because the FIR was lodged, she was left at the Mahila

                    Police Station.

                                 6. Considering the aforesaid allegation that has come

                    against the petitioner, no relief can be extended to him.

                                 7. The anticipatory bail application stands rejected.

                                 8. However, since he is only eighteen years of age

                    having no criminal antecedent, if he surrenders and seeks bail in

                    next eight weeks, the Court without being prejudiced with the

                    observations made either by the learned Sessions Judge or this

                    Court shall hear the same on merit and dispose it of preferably

                    on the same day.



                                                   (Rajiv Roy, J)
Adnan/-

U     T


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