Patna High Court
Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
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
- B.N.S., 2023 — s. 137(2), 2(1)(d), 482(2), 87
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
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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
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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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