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Patna High Court

Anish KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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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