Patna High Court
Suman KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
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
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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
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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
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