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Patna High Court

Bajrangi SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court allowed the petition for anticipatory bail, directing the petitioner’s release on bail bond with sureties under Section 482(2) of the CrPC.

Summary

The petitioner, Bajrangi Sah, sought anticipatory bail after being implicated in a FIR alleging kidnapping of an informant's daughter for marriage, offences punishable under IPC Sections 366, 366A and 34. He contended that the allegations were false, that the alleged victim is his lawful wife, a major with two children, and that he has a clean record. The State opposed the bail, arguing the seriousness of the charges. The Court examined the material on record, noted the petitioner's clean antecedents and the circumstances suggesting the FIR was concoced, and invoked Section 482(2) of the CrPC. Consequently, the Court granted anticipatory bail, directing release on a bail bond of Rs.10,000 with two sureties, subject to conditions. The order applies if arrest occurs within eight weeks of the order.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the CrPC in a case involving alleged offences under IPC Sections 366, 366A and 34.
  • Whether the facts disclosed, including the petitioner's clean antecedents and the alleged victim's marital status, justify the discharge of the bail condition.

Legislation cited

Subjects

  • anticipatory bail
  • kidnapping
  • marriage
  • false FIR
  • IPC 366
  • IPC 366A
  • IPC 34
  • clean antecedents
  • Section 482 CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16778 of 2026
                  Arising Out of PS. Case No.-387 Year-2015 Thana- HARSIDHI District- East Champaran
                 ======================================================
                 Bajrangi Sah S/o Krishna Sah Resident of Village- Pulwaghat, P.S.-
                 Turkauliya, District- East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :        Mr. Amit Kumar, Advocate
                 For the State           :        Mr. Bhanu Pratap Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   29-04-2026                  Heard learned counsel appearing on behalf of the

                   petitioner and learned APP appearing on behalf of the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Sections 366, 366A

                   and 34 of the Indian Penal Code.

                                3. As per prosecution case, it is alleged that all the

                   F.I.R. named accused persons, including this petitioner,

                   kidnapped daughter of informant for the purpose of marriage.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that petitioner is quite innocent and has

                   committed no offence. Allegations levelled in the F.I.R. are out

                   and out false and concocted. As a matter of fact, the alleged

                   victim is married with this petitioner, has got two children out of

                   the wedlock and is currently residing with this petitioner.
             Patna High Court CR. MISC. No.16778 of 2026(2) dt.29-04-2026
                                                         2/2




                       Moreover, victim is major and the medical board has assessed

                       the age of the victim as more than 19 years. Petitioner claims

                       clean antecedents.

                                     5. Learned A.P.P. for the State has vehemently

                       opposed the prayer for grant of anticipatory bail to the

                       petitioner.

                                     6. Considering the facts and circumstances of the

                       case, materials available on record and clean antecedents of the

                       petitioner, the prayer for grant of anticipatory bail to the

                       petitioner is allowed.

                                     7. Accordingly, in the event of arrest/surrender within

                       a period of eight weeks from today, let the above named

                       petitioner be enlarged on bail on furnishing bail-bond of Rs.

                       10,000/- (ten thousand) with two sureties of the like amount

                       each to the satisfaction of learned A.C.J.M.-IX, East Champaran

                       (Motihari) in connection with Harsidhi P.S. Case No. 387 of

                       2015, subject to condition as laid down under Section 482(2) of

                       the B.N.S.S..



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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