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Patna High Court

Bittu KumarversusThe state of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioner subject to the conditions imposed by the court.

Summary

The petitioner, Bittu Kumar, was accused of kidnapping the minor daughter of an informant for the purpose of marriage, alleged under Sections 366(A) and 34 of the Indian Penal Code. The victim, now aged 18, gave a statement under Section 183 of the BNSS denying any kidnapping and stating that she voluntarily married the petitioner. The petitioner applied for anticipatory bail, claiming a clean antecedent, while the State opposed the application. The court considered the victim’s voluntary statement and the provisions of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. It granted anticipatory bail, directing the petitioner to surrender within eight weeks and furnish a bail bond of Rs. 10,000 with two sureties, subject to the court’s conditions.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita in view of the victim’s statement and the alleged offences under Sections 366(A) and 34 of the IPC.

Legislation cited

Subjects

  • anticipatory bail
  • kidnapping
  • marriage
  • IPC 366A
  • victim statement
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26583 of 2026
                        Arising Out of PS. Case No.-400 Year-2022 Thana- NOKHA District- Rohtas
                 ======================================================
                 Bittu Kumar S/O Nagendra Chaudhary R/O Vill.- Susari, P.s- Sanjhouli, Dist.-
                 Rohtas

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sudish Kumar, Advocate
                 For the Opposite Party/s :       Mr. Arun Kumar Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   11-05-2026                   Heard learned counsels for the petitioner and learned

                   A.P.P. for the State.

                                2. Petitioner apprehends arrest in a case registered for

                   the offences punishable under Sections 366(A)/34 of Indian

                   Penal Code.

                                3. It is alleged this petitioner kidnapped minor

                   daughter of informant for the purpose of marriage.

                                4. Learned counsel appearing for the petitioner is

                   innocent and has committed no offence. During investigation,

                   victim was recovered and in her statement, recorded under

                   Section 183 BNSS, has denied the factum of kidnapping and

                   stated that she had gone with this petitioner and subsequently,

                   they solemnized marriage and are living together as husband

                   and wife. Learned court below has assessed her age as 18 years.
              Patna High Court CR. MISC. No.26583 of 2026(2) dt.11-05-2026
                                                          2/2




                        Petitioner claims clean antecedent.

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

                        the bail application.

                                     6. Considering statement of the victim recorded under

                        Section 183 BNSS, this anticipatory bail is allowed and it is

                        ordered that the above named petitioner in the event of his

                        arrest/surrender before the court below within a period of eight

                        weeks from today, 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 Additional Chief Judicial

                        Magistrate-I, Rohtas at Sasaram in connection with Nokha P. S.

                        Case No. 400 of 2022, subject to condition as laid down under

                        Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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