Patna High Court
Chhotu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was granted to the petitioner subject to conditions under Section 482(2) of the BNSS.
Summary
The petitioner, Chhotu Kumar, was apprehended in connection with a kidnapping case (Rampurhari P.S. Case No. 193 of 2025) under Sections 137(2) and 96 of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that he kidnapped an 18‑year‑old girl, while the girl’s statement under Section 183 BNSS indicated that she had eloped and married the petitioner. The petitioner sought anticipatory bail, asserting his innocence. The State opposed the bail. The Court, after considering the facts and the petitioner's counsel, granted anticipatory bail subject to conditions under Section 482(2) of the BNSS, directing the petitioner to furnish bail bonds and sureties if arrested within four weeks. The order was limited to the bail application and did not prejudice the merits of the trial.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the kidnapping allegation.
- Whether the allegations under Sections 137(2) and 96 BNSS warrant denial of anticipatory bail.
- Whether the conditions prescribed under Section 482(2) BNSS are appropriate for the grant of anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 137(2), 183, 482(2), 96
Subjects
- anticipatory bail
- kidnapping
- Bharatiya Nyaya Sanhita
- Section 482
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38165 of 2026
Arising Out of PS. Case No.-193 Year-2025 Thana- RAMPUR HARI District- Muzaffarpur
======================================================
Chhotu Kumar S/o Rajendra Sahni R/o Village - Kharbar, P.S. - Rampurhari,
Dist. - Muzaffarpur.
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXX W/o YYY R/o Village and P.O. - Kharhar, P.S. - Rampurhari, Dist. -
Muzaffarpur.R/o Village and P.O. - Kharhar, P.S. - Rampurhari, Dist. -
Muzaffarpur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar
For the Opposite Party/s : Mr. Pawan Kumar Chaurasia
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 16-06-2026 Heard the learned counsel for the petitioner and
learned counsel for the State.
2. The petitioner apprehends arrest in connection with
Rampurhari P.S. Case No. 193 of 2025 registered for offences
under Sections 137(2) and 96 of the Bharatiya Nyaya Sanhita,
2023.
3. As per the prosecution case, the petitioner is
accused of kidnapping a girl aged about 18 years of age.
4. Learned counsel for the petitioner submits that the
petitioner is quite innocent and has not committed any offence.
It is further submitted that the victim girl in her statement
recorded under Section 183 BNSS has said that she eloped with
Patna High Court CR. MISC. No.38165 of 2026(2) dt.16-06-2026
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the petitioner and got married to him.
5. Learned APP for the State has vehemently opposed
the prayer for bail.
6. Considering the facts and circumstances of the case
and the submission of the learned counsel for the petitioner, this
application for anticipatory bail stands allowed.
7. Accordingly, let the petitioner, above-named, in the
event of arrest or surrender within four weeks from today in the
Court below, be released on anticipatory bail on furnishing bail
bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of
the like amount each to the satisfaction of learned Court below
where the case is pending/successor Court in connection with
Rampurhari P.S. Case No. 193 of 2025 subject to the conditions
as laid down under Section 482(2) of the BNSS.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U
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