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Patna High Court

Nitish KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that, in view of the bailable nature of Section 137(2) and the absence of essential ingredients of Section 87 in the FIR, the petitioner is entitled to anticipatory bail.

Summary

The petitioner, Nitish Kumar, sought anticipatory bail in connection with a FIR (Case No. 112 of 2025) alleging kidnapping under Sections 137(2) and 87 of the B.N.S., 2023. The FIR was filed five days after the alleged disappearance of the informant's adult daughter, who was already married, raising doubts about the kidnapping allegation. The petitioner argued that the FIR does not disclose the essential ingredients of either Section 87 (which deals with forced marriage) or Section 137(2) (which is bailable), and that his criminal record is clean. The State opposed the bail, but the court noted that the alleged offence, if any, falls under a bailable provision and that the FIR lacks sufficient material to deny bail. Consequently, the court granted anticipatory bail subject to a bond of Rs.30,000 and conditions under Section 2(1)(d) and Section 482(2) of the BNSS, 2023.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under the BNSS, 2023 for alleged offences under Sections 87 and 137(2).
  • Whether the FIR discloses the requisite ingredients of Sections 87 or 137(2) to justify denial of bail.

Legislation cited

Subjects

  • anticipatory bail
  • kidnapping
  • Section 87
  • Section 137(2)
  • B.N.S. 2023
  • bailable offence
  • FIR delay

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5050 of 2026
                      Arising Out of PS. Case No.-112 Year-2025 Thana- BHARGAMA District- Araria
                 ======================================================
                 Nitish Kumar S/O Chandeshwari Mehta @ Chandeshwari Parihast R/O Vill.-
                 Khuti, Lachhmipur, P.S.- Chhatapur, Dist.- Supaul

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    The State of Bihar Bhargama PS

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ranjay Kumar Singh
                 For the Opposite Party/s :       Mr.Md. Shakir Ahmad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   04-02-2026                      Heard Learned Counsel for the petitioner and

                   Learned APP for the State.

                                2. The petitioner is apprehending arrest in connection

                   with Bhargawan P.S. Case No. 112 of 2025 lodged on

                   24.03.2025, for the offences punishable under Sections

                   137(2)/87 of the B.N.S., 2023.

                                3. As per the prosecution, FIR has been lodged against

                   the present petitioner with allegation that the informant has

                   apprehension that his daughter was kidnapped by the accused

                   persons and in this regard, he had searched her and it is due to

                   this reason, FIR has been filed with delay.

                                4. Learned Counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Counsel
Patna High Court CR. MISC. No.5050 of 2026(2) dt.04-02-2026
                                            2/3




          also submits that from the FIR itself, it transpires that the

          daughter      of    the     informant      is       aged   about   25   years

          meaningthereby, she is a major lady and her marriage was

          admittedly, solemnized with one Amit Kumar. He further

          submits that the date of occurrence i.e., missing of his daughter

          is 19.03.2025, but FIR has been lodged on 24.03.2025.

                       5. Counsel further submits that police has added

          Section 87 and 137(2) of the BNS, 2023. He further submits that

          ingredient of neither section 87 is there nor section 137(2) of the

          BNS is there in the FIR. He further submits that Section 87 talks

          about kidnapping, abduction or inducing women for forced

          marriage in which imprisonment of 10 years or fine, offence

          cognizable and non-bailable, whereas section 137(2) talks about

          kidnapping, imprisonment for 7 years and fine, offence is

          bailable. He further submits that since there is no allegation of

          marriage, therefore, section 87 of the BNS shall not be attracted,

          but if allegation of kidnapping has been accepted, which is

          section 137(2) of the BNS, then it is bailable. Therefore, the

          petitioner deserves anticipatory bail.

                       6. Counsel submits that the criminal antecedent of the

          petitioner is clean.

                       7. Learned APP for the State opposes the prayer for
          Patna High Court CR. MISC. No.5050 of 2026(2) dt.04-02-2026
                                                      3/3




                    bail of the petitioner.

                                 8. As such, in the present facts and circumstances of

                    this case, let the above named petitioner be released on

                    anticipatory bail, in the event of arrest or surrender before the

                    learned Court below 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 C.J.M., Araria in connection with Bhargawan P.S.

                    Case No. 112 of 2025, subject to the conditions as laid down

                    U/s 482(2) of the BNSS, 2023.



                                                (Dr. Anshuman, J)
prakashmani/-

U


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