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Patna High Court

Suman KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners subject to conditions under Section 482(2) of the BNSS.

Summary

The petitioners, Suman Kumar and Ranju Devi, sought anticipatory bail fearing arrest in a case (Gogri PS No.174 of 2025) alleging abduction of the informant's minor daughter under Section 96 of the BNS. The FIR alleged a conspiracy to abduct the girl for indecent activities. The petitioners appeared before the investigating officer, after which the girl, now 18, was recovered and gave a statement under Section 183 of the BNSS, asserting she is a major and can care for herself. The trial court released her, and the informant’s counsel did not dispute these facts. Considering the victim’s adult status, lack of further allegations, and the petitioners’ cooperation, the High Court granted them anticipatory bail with specific conditions under Section 482(2) of the BNSS.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners when the alleged victim is now an adult and no further wrongdoing is alleged.

Subjects

  • anticipatory bail
  • abduction
  • minor
  • recovery
  • Section 96
  • Section 183
  • Section 482
  • criminal procedure
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15671 of 2026
                        Arising Out of PS. Case No.-174 Year-2025 Thana- GOGRI District- Khagaria
                 ======================================================
           1.     Suman Kumar S/O Prakash Singh R/O Village- Khantaha, P.S.- Gogri,
                  District- Khagaria
           2.     Ranju Devi W/O Prakash Singh R/O Village- Khantaha, P.S.- Gogri,
                  District- Khagaria
                                                                    ... ... Petitioner/s
                                              Versus
                 The State of Bihar
                                                             ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Binod Kumar,
                                                   Mr. Amar Kumar Singh,
                                                   Mr.Amit Prakash, Advocates.
                 For the Opposite Party/s :        Mr.Md. Fahimuddin, APP
                 For the informant        :        Mr. Ranjan Kumar Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

3   29-04-2026                      Heard learned counsel for the petitioners, learned

                   counsel appearing for the informant and learned APP for the

                   State.

                                 2. The petitioners are apprehending their arrest in

                   connection with Gogri P.S. Case No. 174 of 2025 for the offence

                   punishable under sections 96 of the BNS lodged on 18.07.2025

                   by the informant.

                                 3. As per the prosecution case as emerges from the

                   FIR, the allegation against the petitioners is that they along with

                   one another accused person have abducted the minor daughter

                   of the informant under a conspiracy and she further expressed

                   her apprehension that her daughter may be subjected to the
Patna High Court CR. MISC. No.15671 of 2026(3) dt.29-04-2026
                                            2/3




          indecent activities. Accordingly, the FIR.

                       4. Learned counsel for the petitioners submits that

          pursuant to the order passed by this Court on 12.03.2026, the

          petitioners appeared before the Investigating Officer and upon

          their appearance, the victim girl is said to have been recovered

          and her statement under Section 183 of the BNSS was recorded.

          In her statement, the victim girl is stated to be 18 years of age

          and in view of her statement that she is major and can take care

          of herself, the concerned court has released the victim girl.

                       5. Learned counsel for the informant has appeared

          suo motu and does not dispute the factual position which has

          been submitted by the learned counsel for the petitioners.

                       6. Considering the submissions of the parties and the

          fact that the victim girl has already been recovered and the trial

          court considering the victim to be a major one has released her

          to live as per her wills and there being no allegation against

          these petitioners to have done anything wrong to the victim, this

          Court is inclined to extend them the privilege of anticipatory

          bail.

                       7. Let the petitioners, above named, be released on

          bail in the event of arrest or surrender within a period of six

          weeks from the receipt of this order, on furnishing bail bond of
             Patna High Court CR. MISC. No.15671 of 2026(3) dt.29-04-2026
                                                         3/3




                       Rs. 10,000/- (Ten thousand) each with two sureties of like

                       amount each to the satisfaction of learned Chief Judicial

                       Magistrate, Khagaria in connection with aforesaid PS Case,

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

                       the BNSS as well as the following conditions:-

                                                          (i) one of the bailors should be the
                                               family member/relative of the petitioner(s)
                                               who shall provide official document to show
                                               his/her bona fide;
                                                          (ii) the petitioner(s) shall appear
                                               on each and every date before the Trial
                                               Court and failure to do so for two
                                               consecutive dates without plausible reason
                                               will entail cancellation of his/their bail
                                               bond by the Trial Court itself;
                                                          (iii) the petitioner(s) shall in no
                                               way try to induce or promise or threat the
                                               witnesses or tamper with the evidences,
                                               failing which the State shall be at liberty to
                                               take steps for cancellation of the bail bonds;
                                                          (iv) the petitioner(s) shall desist
                                               from committing any criminal offence again,
                                               failing which the State shall be at liberty to
                                               take steps for cancellation of his/their bail
                                               bonds.




                                                                    (Ajit Kumar, J)
    perwez

U      T


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