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Patna High Court

Ankit Sada @ Ankit KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                            2/3




          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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