Patna High Court
Anish KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was not granted as the allegations did not merit such relief.
Summary
The petitioner, Anish Kumar, sought anticipatory bail fearing arrest in a case (PS Jandaha Case No. 489 of 2024) filed under Sections 137(2), 96 and 3(5) of the Bharatiya Nyaya Sanhita alleging that he married a minor girl after luring her away with jewellery and cash. The petitioner claimed innocence and a clean antecedent, while the State opposed the bail. The court examined the seriousness of the allegations and the statutory provisions governing anticipatory bail. Concluding that the case was not suitable for anticipatory bail, the court dismissed the application. The petitioner was ordered to surrender within two weeks and apply for regular bail, failing which the police would be directed to arrest him.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the Bharatiya Nyaya Sanhita in view of the allegations of marrying a minor and related offences.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 137(2), 3(5), 96
Subjects
- anticipatory bail
- Bharatiya Nyaya Sanhita
- marriage to minor
- criminal procedure
- bail denial
- arrest
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32129 of 2025
Arising Out of PS. Case No.-489 Year-2024 Thana- JANDAHA District- Vaishali
======================================================
Anish Kumar S/o Anil Das Resident of Village- Jagdishpur, Police Station-
Jandaha( mahisaur), Distt.- Vaishali
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sajda Khatoon W/o Md. Afjal R/o vill - Chand Sarai, P.s.- Mahisaur, Distt.-
Vaishali
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ranjeet Kumar, Advocate
For the Opposite Party/s : Mr.Nawal Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 23-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in connection
with Jandaha (Mahisaur) P.S. Case No. 489 of 2024 instituted
under Sections 137(2), 96 and 3(5) of the Bharatiya Nyaya
Sanhita.
3. As per the prosecution case, petitioner is accused
of getting married to a minor girl after making her leave her
home with jewellery and cash.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in this
case. Petitioner has clean antecedent.
Patna High Court CR. MISC. No.32129 of 2025(3) dt.23-02-2026
2/2
5. Learned APP for the State has opposed the prayer
for anticipatory bail of the petitioner.
6. Considering the allegations levelled against the
petitioner, this is not a fit case for grant of anticipatory bail.
7. Accordingly, the application stands dismissed.
8. The petitioner is directed to surrender within two
weeks from today and pray for regular bail, failing which the
Superintendent of Police, Vaishali will take all steps for arrest of
the petitioner.
9. Let a copy of this order be communicated to the
Superintendent of Police, Vaishali through FAX or e-mail for its
compliance.
(Sandeep Kumar, J)
tusharika/-
U T
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