Patna High Court
Harish Kumar @ Chotu Kumar @ Haresh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAJIV ROY
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
- Bihar Police Act — s. 183
- Indian Penal Code — s. 137, 3, 96
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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