Patna High Court
Chandan Kumar @ Karan @ Karan Kumar Sinha @ ChandanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
In the absence of specific allegations and given the victim's voluntary departure amid a marital dispute, anticipatory bail is warranted under Section 482(2) of the BNSS.
Summary
The petitioners sought anticipatory bail in a case registered under Sections 87 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, alleging kidnapping of an informant's wife. The prosecution alleged the kidnapping, while the petitioners contended they were innocent and that the allegations were vague and omnibus, noting a matrimonial dispute between the informant and his wife. The court examined the victim's statement, which indicated she left her matrimonial home voluntarily due to alleged torture by her husband. Finding no specific incriminating allegation against the petitioners and considering the domestic dispute, the court allowed the anticipatory bail application. The bail was ordered on the condition of a Rs.10,000 bond with two sureties, subject to Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioners accused of kidnapping under Sections 87 and 3(5) of the BNSS
- Whether the allegations against the petitioners are specific enough to deny bail
- Whether the matrimonial dispute between the informant and his wife impacts the criminal liability
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 3(5), 482(2), 87
Subjects
- anticipatory bail
- kidnapping
- matrimonial dispute
- Bharatiya Nyaya Sanhita
- Section 87
- Section 3(5)
- Section 482(2)
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44392 of 2025
Arising Out of PS. Case No.-8 Year-2025 Thana- NAGAR District- Vaishali
======================================================
1. Chandan Kumar @ Karan @ Karan Kumar Sinha @ Chandan S/o Late
Kishor Sinha All R/o- Village- Shahpur, Patori, P.S- Patori, Distt.-
Samastipur A/p -Sharda Sadan, Subhash Chowk, PS- Nagar(Town) Hajipur,
Distt- Vaishali.
2. Rahul Kumar @ Vishal Kumar S/o Late Kishor Sinha All R/o- Village-
Shahpur, Patori, P.S- Patori, Distt.- Samastipur A/p -Sharda Sadan, Subhash
Chowk, PS- Nagar(Town) Hajipur, Distt- Vaishali.
3. Prince Kumar S/o Late Kishor Sinha All R/o- Village- Shahpur, Patori, P.S-
Patori, Distt.- Samastipur A/p -Sharda Sadan, Subhash Chowk, PS-
Nagar(Town) Hajipur, Distt- Vaishali.
4. Guriya Devi @ Nitu Devi W/o Late Kishor Sinha All R/o- Village- Shahpur,
Patori, P.S- Patori, Distt.- Samastipur A/p -Sharda Sadan, Subhash Chowk,
PS- Nagar(Town) Hajipur, Distt- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Jyoti Kumari, Advocate
Mr. Ranjan Kumar Sinha, Advocate
Mr. Mukum Sinha , Advocate
For the Opposite Party/s : Mr. Anant Kumar 1
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
6 25-02-2026 Heard the learned counsel for the petitioners and
learned counsel for the State.
2. The petitioners apprehend arrest in connection with
Hajipur Town P.S. Case No. 08 of 2025 registered for offences
under Sections 87 and 3(5) of the Bharatiya Nyaya Sanhita,
2023.
3. As per the prosecution case, the petitioners are
Patna High Court CR. MISC. No.44392 of 2025(6) dt.25-02-2026
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accused of kidnapping the wife of the informant.
4. Learned counsel for the petitioners submits that the
petitioners are quite innocent and have not committed any
offence. He further submits that there is no direct and specific
allegation against the petitioners; rather, there is a general and
omnibus allegation against all the petitioners. He also submits
that there is a matrimonial dispute between the informant and
his wife.
5. Learned APP for the State has vehemently opposed
the prayer for bail.
6. I have considered the submissions of the parties and
have gone through the materials available on record. From the
statement of the victim, it appears that she had left her
matrimonial house on her own due to the torture meted out by
her husband.
7. In view of the above, this application for
anticipatory bail is allowed.
8. Accordingly, let the petitioners, above-named, in
the event of their arrest or surrender within four weeks from
today in the Court below, be released on bail on furnishing bail
bonds of Rs.10,000/- (Rupees ten thousand) each with two
sureties of the like amount each to the satisfaction of the learned
Patna High Court CR. MISC. No.44392 of 2025(6) dt.25-02-2026
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Court below where the case is pending/successor court in
connection with Hajipur Town P.S. Case No. 08 of 2025 subject
to the conditions as laid down under Section 482(2) of the
BNSS.
(Sandeep Kumar, J)
Shishir/-
U T
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