Patna High Court
Ankit Sada @ Ankit KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court held that, given the petitioner’s youth, clean record and the circumstances, anticipatory bail could be granted subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioner, Ankit Sada, was accused of kidnapping a minor girl with intent to marry her and of offences under the Bharatiya Nagarik Suraksha Sanhita, 2023 and the POCSO Act. He contended that the allegations were false, arising from a property dispute, and that the victim was his niece who had not alleged sexual assault. The State opposed his application for anticipatory bail. The Court, noting the petitioner’s young age (20 years), clean antecedent and the nature of the allegations, granted anticipatory bail subject to a cash bond and sureties, and conditioned it on compliance with Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The bail order required surrender within six weeks and adherence to the stipulated conditions.
Issues considered
- Whether anticipatory bail should be granted in a case involving kidnapping, alleged child marriage and alleged sexual assault under the POCSO Act.
- Whether the petitioner’s age and clean antecedent justify the grant of anticipatory bail despite serious charges.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 137(2), 3(5), 351(2), 352, 482(2), 96
- Protection of Children from Sexual Offences Act — s. 12
Subjects
- anticipatory bail
- kidnapping
- child marriage
- POCSO
- bail conditions
- criminal procedure
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2911 of 2026
Arising Out of PS. Case No.-182 Year-2025 Thana- NAUHATTA District- Saharsa
======================================================
Ankit Sada @ Ankit Kumar S/o Chhotken Sada Resident of Village- Nauhatta
Tola Angrejipar, District- Saharsa.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. X S/o Y Resident of Village- Nauhatta Tola, Angrejpur, District- Saharsa
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Suraj Kumar, Advocate.
Mr. Ujjwal Shandilya, Advocate.
For the State : Mr. Ram Priya Sharan Singh, A.P.P.
For the O.P. No.2 : Mr. Ram Priya Sharan Singh, Advocate.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 01-04-2026 1. Heard learned counsel for the petitioner, learned
A.P.P. for the State and learned counsel for the opposite party
no.2.
2. The petitioner apprehends his arrest in connection
with Nauhatta P.S. Case No.182 of 2025 instituted under
Sections 137(2), 96, 352, 351(2) & 3(5) of the B.N.S., 2023 and
Section 12 of the POCSO Act.
3. As per the prosecution case, the minor daughter of
the informant was kidnapped by the petitioner on her way to
school with intention to marry with her. It is alleged that when
the informant went to the house of petitioner to inquire about his
daughter, the family members of petitioner abused him and pull
Patna High Court CR. MISC. No.2911 of 2026(3) dt.01-04-2026
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out from their house.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has been falsely implicated in this
case. He further submits that due to some property dispute
between the parties, the present case has been lodged. Learned
counsel submits that both the parties are gotiya and part of the
same family and the victim is supposed to be the niece of
petitioner. He further submits that the victim in her statement
has not made any allegation of sexual assault against the
petitioner. Learned counsel submits that petitioner is a young
boy of 20 years, having got clean antecedent and he undertakes
to cooperate in the investigation and trial of the case.
5. Learned A.P.P. for the State and learned counsel for
the opposite party no.2 opposes the prayer for anticipatory bail.
6. Considering the facts and circumstances of the
case, submissions of learned counsel for the parties and the
nature of allegation against the petitioner as well as the fact that
petitioner is young boy of 20 years having clean antecedent, in
the event of arrest or surrender before the Court below within
six weeks from today, the petitioner be released on bail upon
furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand)
with two sureties of the like amount to each to the satisfaction of
Patna High Court CR. MISC. No.2911 of 2026(3) dt.01-04-2026
3/3
the learned Additional Sessions Judge-VI-cum-Special Judge
(POCSO), Saharsa/ concerned Court in connection with
Nauhatta P.S. Case No.182 of 2025, subject to the conditions
laid down in Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
(Sunil Dutta Mishra, J)
Ritik/-
U T
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