Patna High Court
ABHINAV KUMAR @ GAURAVversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The court held that anticipatory bail could not be granted as the allegations involved kidnapping of a minor and a serious offence under Section 96 of the BNS.
Summary
The petitioner, Abhinav Kumar, filed an anticipatory bail application fearing arrest in a case (PS No.354 of 2025) alleging kidnapping of a minor girl for the purpose of marriage, punishable under Section 96 of the BNS. The prosecution alleged that the petitioner, along with co‑accused, abducted the informant's sister, pressured her to marry, and kept her in a lodge in Mumbai. The petitioner claimed innocence and a clean antecedent. The State opposed bail, highlighting the victim's minority, the coercive conduct, and the seriousness of the alleged offence. After considering the facts and submissions, the court declined to grant anticipatory bail, rejecting the petition.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the Criminal Procedure Code in view of the alleged kidnapping of a minor.
- Whether the nature and seriousness of the alleged offence under Section 96 of the BNS warrant denial of anticipatory bail.
Legislation cited
- BNS — s. 96
Subjects
- anticipatory bail
- kidnapping
- minor
- marriage
- Section 96
- BNS
- Criminal Procedure Code
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5091 of 2026
Arising Out of PS. Case No.-354 Year-2025 Thana- OBRA District- Aurangabad
======================================================
ABHINAV KUMAR @ GAURAV S/o Bindu Sharma R/o vill - Darihat, P.S.-
Darihat, Distt.- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar Singh, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
MALVIYA
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The instant application for anticipatory bail has
been filed by the petitioner apprehending his arrest in
connection with Obra P.S Case No. 354 of 2025 instituted for
the offence punishable under Sections 96 of BNS.
3. As per prosecution case, petitioner along with co-
accused have kidnapped the sister of the informant for sake of
marriage.
4. Learned counsel for the petitioner submits that
petitioner is quite innocent and has committed no offence.
Petitioner has got clean antecedent as stated in paragraph no. 3
of the bail petition.
Patna High Court CR. MISC. No.5091 of 2026(2) dt.17-02-2026
2/2
5. Learned APP appearing for the State has opposed
the prayer for bail of the petitioner.
6. From perusal of the F.I.R., impugned order and
case diary, it appears that victim is minor at the time of
occurrence as per her mark sheet. As per the statement of the
victim girl, she has stated that since 6 months the petitioner was
pressurizing her to marry and she was asked to come to
Daudnagar on 13.01.2025 where mobile, money and duplicate
Aadhar Card was provided to her at his instruction and then she
went to Mumbai and where she was kept in a lodge by two
ladies, who were known to the petitioner and also stated that she
was in regular contact with the petitioner and acted as per his
direction due to fear.
7. Considering the facts and circumstances of the case
and submissions of learned counsel for the parties, I am not
inclined to grant anticipatory bail to the petitioner.
8. Accordingly, prayer for anticipatory bail of the
petitioner is hereby rejected.
(Ramesh Chand Malviya, J)
Mayank/-
U T
Checking your session…