Patna High Court
Bittu KumarversusThe state of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Indian Penal Code — s. 183, 34, 366(A)
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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