Patna High Court
Bajrangi SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 34, 366, 366A
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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