Patna High Court
Prince KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The Court granted anticipatory bail to the petitioner subject to a bail bond and conditions under Section 482(2) of the BNS, 2023.
Summary
Prince Kumar petitioned the Patna High Court for anticipatory bail after an FIR was lodged under Section 96 of the Bhartiya Nyaya Sanhita, 2023, alleging that he had enticed and threatened the informant's daughter, who later claimed she was tortured. The petitioner contended that the relationship with the daughter was consensual, that she voluntarily accompanied him, and that no incriminating statements were recorded against him under Sections 180 and 183 of the BNS. The State opposed bail but admitted that the statements under the aforementioned sections did not implicate the petitioner. The Court examined the facts, the lack of adverse statements, and the petitioner’s willingness to comply with bail conditions. Accordingly, the Court granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs.30,000 and comply with conditions under Section 482(2) of the BNS, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 96 of the Bhartiya Nyaya Sanhita, 2023.
- Whether the statements recorded under Sections 180 and 183 of the BNS, 2023, sufficiently negate the basis for denial of bail.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 180, 183, 2(1)(d), 482(2), 96
- Bihar Prohibition & Excise Act
Subjects
- anticipatory bail
- Section 96
- consent
- Bhartiya Nyaya Sanhita
- criminal procedure
- bail conditions
- Section 180
- Section 183
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36051 of 2026
Arising Out of PS. Case No.-255 Year-2026 Thana- KADAMKUAN District- Patna
======================================================
Prince Kumar S/o Dilip Prasad Resident of- Paschmi LOhanipr, Pachkauri,
Buddha Murthi, P.S.- kadamkuan, District - Patna, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vikas Kumar Jha, Advocate
For the Opposite Party/s : Mr. Pradeep Narain Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 01-06-2026 The Court proceeding is being conducted through
virtual mode.
2. Heard learned counsel for the petitioner and learned
APP for the State.
3. The petitioner is apprehending arrest in connection
with Kadamkuan P.S. Case No. 255 of 2026, dated 31.03.2026,
lodged under Section 96 of the Bhartiya Nyaya Sanhita, 2023
(hereinafter referred to as “BNS, 2023”).
4. As per the prosecution, the FIR has been lodged
against the present petitioner alleging that he enticed the
informant's daughter to accompany him. It is further alleged that
the petitioner contacted the informant and his family members
and extended threats to them. However, on the following day,
the petitioner allegedly left the informant's daughter. Upon
Patna High Court CR. MISC. No.36051 of 2026(2) dt.01-06-2026
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being questioned by her family members, she stated that she had
been subjected to torture during the night of 30.03.2026.
Thereafter, the present case was instituted.
5. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
further submits that the daughter of the informant and the
petitioner were in love and, with her consent, she went with the
petitioner and lived at the house of the petitioner's friend, and on
the next day, she returned to her own house. Counsel further
submits that subsequently, under Section 183 of the BNSS, she
has not disclosed anything against the present petitioner and
everywhere she has stated that she had gone with him with her
consent. Counsel further submits that the criminal antecedent of
the petitioner is not clean, as two criminal cases are pending
against him. However, he is on bail in both the cases, and both
the cases relate to the Bihar Prohibition & Excise Act. Counsel
also submits that the petitioner is ready to fulfil all the
conditions whatsoever may be imposed upon him.
6. Learned A.P.P. for the State opposes the prayer for
bail of the petitioner but fairly submits that, from the statements
recorded under Sections 180 and 183 of the BNSS, 2023,
nothing has come against the present petitioner.
Patna High Court CR. MISC. No.36051 of 2026(2) dt.01-06-2026
3/3
7. Considering the facts and circumstances of the
present case, let the above-named petitioner be released on
anticipatory bail, in the event of arrest or surrender before the
Trial Court within a period of 4 weeks from today, on furnishing
bail bond of Rs.30,000/- (Rupees Thirty Thousand) as
mentioned in Section 2(1)(d) of the BNSS, 2023 to the
satisfaction of Judicial Magistrate 1st Class, Patna, in connection
with Kadamkuan P.S. Case No. 255 of 2026, subject to the
conditions as laid down U/s 482(2) of the BNSS, 2023.
(Dr. Anshuman, J.)
Aman Kumar/-
U T
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