Patna High Court
Ajit Kumar Choudhary @ Ajit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
Holding
Anticipatory bail was denied as the court found the offences serious and the victim’s statement corroborative.
Summary
The petitioner, Ajit Kumar Choudhary, applied for anticipatory bail after being implicated in a kidnapping case involving the minor daughter of an informant. The prosecution alleged that on 27 October 2023 the petitioner abducted the child, and the victim’s statement recorded under Section 164 of the CrPC supported the charges under Sections 363, 366(A) and 34 of the IPC. The petitioner feared arrest in the Ballia police station and sought relief from the High Court. The court examined the seriousness of the offences and the victim’s corroborative statement. Considering the gravity of the kidnapping and the evidentiary material, the court refused the petition for anticipatory bail. Consequently, the petition was dismissed, leaving the petitioner liable to be arrested under the pending criminal case.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the circumstances of the kidnapping case
- Whether the seriousness of offences under Sections 363, 366(A) and 34 IPC precludes the grant of anticipatory bail
Legislation cited
- Code of Criminal Procedure, 1973 — s. 164
- Indian Penal Code — s. 34, 363, 366(A)
Subjects
- kidnapping
- anticipatory bail
- IPC
- CrPC
- minor victim
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19140 of 2026
Arising Out of PS. Case No.-307 Year-2023 Thana- BALIYA District- Begusarai
======================================================
Ajit Kumar Choudhary @ Ajit Kumar S/o Bindeshwary Choudhary @
Vindeshwari Chaudhary R/o Village- Musechak, Ward No 1, PS- Ballia,
(Balliya), District- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sandip Kumar Gautam, Advocate
For the Opposite Party/s : Mr. Mohammed Arif, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 21-04-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner apprehends arrest in Ballia (Balliya) P. S.
Case No. 307 of 2023 registered for the offences punishable
under Sections 363, 366(A), 34 of the Indian Penal Code.
3. As per prosecution case, on 27.10.2023 at about 11
AM, minor daughter of the informant went to school for giving
examination but did not return. It is alleged that this petitioner
kidnapped minor daughter of the informant. During
investigation, victim was recovered and in her statement
recorded under Section 164 Cr.P.C., she has supported the
prosecution case.
4. In view of the gravity of the offence and statement
Patna High Court CR. MISC. No.19140 of 2026(3) dt.21-04-2026
2/2
of the victim recorded under Section 164 Cr.P.C., prayer for
anticipatory bail of the petitioner is refused.
(Prabhat Kumar Singh, J)
Navya/-
U T
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