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Patna High Court

Uttam KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner.

Summary

Uttam Kumar sought anticipatory bail after being implicated in a case under Sections 137(2) and 96 of the Bihar Negotiable Substances Act, 2023, alleging that he had taken away a 14‑year‑old girl from her father's farm. The girl was first recovered on 22 May 2025 and gave a statement under Section 180 that did not incriminate the petitioner; a later statement on 11 August 2025 under Section 183, allegedly made under family pressure, contradicted the earlier one. The High Court, following a coordinate bench order, obtained a fresh statement on 13 January 2026 in which the girl, now claiming to be 19, said she went with the petitioner voluntarily, married him, and lives with him in Delhi. Considering the consistent voluntary statement and lack of incriminating evidence, the Court granted anticipatory bail, subject to a bond and sureties under Section 482(2). The petitioner was ordered to be released on bail if arrested within four weeks.

Issues considered

  • Whether anticipatory bail should be granted in view of conflicting victim statements.
  • Whether the victim's statement recorded on 13 January 2026 is voluntary and reliable.
  • Whether the allegations under Sections 137(2) and 96 B.N.S. 2023 warrant denial of bail.

Subjects

  • anticipatory bail
  • false implication
  • victim statement
  • age of consent
  • marriage
  • criminal procedure
  • Section 137(2)
  • Section 96
  • Section 180
  • Section 183
  • Section 482(2)
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.61484 of 2025
                     Arising Out of PS. Case No.-186 Year-2025 Thana- NARDIGANJ District- Nawada
                 ======================================================
                 Uttam Kumar S/o Kishor Rajvanshi Resident of village-Dalalpur Beldari, P.S.
                 Nardiganj, District-Nawada (Bihar)


                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar Bihar


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :

                 For the Petitioner/s     :      Mr.Bipin Kumar

                 For the Opposite Party/s :      Mr.Dr. Kumar Uday Pratap

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

5   01-04-2026        1. Heard the parties.

                       2. The petitioner apprehends his arrest in connection with

                   Nardiganj P.S. Case No. 186 / 2025 dated 11.05.2025 registered

                   under Sections 137(2), 96 of the B.N.S. 2023.

                       3. As per the prosecution case on 10.05.2025 at about 2:00

                   P.M. the informant went to his farm for irrigation purpose, in the

                   meanwhile, the younger daughter of the informant, aged about

                   14 years, became traceless from the house and after inquiry, the

                   informant came to know that his daughter went away with the

                   petitioner.

                       4. Learned counsel for the petitioner submits that petitioner

                   has falsely been implicated in this case and he has not
Patna High Court CR. MISC. No.61484 of 2025(5) dt.01-04-2026
                                            2/3




          committed any offence in the manner alleged. He further

          submits that the age of the victim girl at the time of occurrence

          was eighteen years and there was adolescent love between the

          victim and the petitioner. The petitioner is a student of B.Sc.

          Part-III Physics (Hons.). The victim girl was recovered on

          22.05.2025 and on the same day her statement was recorded by

          the Investigating Officer under Section 180 of the B.N.S. in

          which she has not stated anything against the petitioner.

          Subsequently, after about three months, statement of the victim

          girl was recorded under Section 183 B.N.S.S. on 11.08.2025 in

          which she on the pressure of family members differed with her

          statement made before the Police on the date of recovery.

          Learned counsel further submits that after the victim girl was

          recovered she again went with the petitioner and both performed

          marriage and are residing as husband and wife in Delhi.

              5. A Co-ordinate Bench of this Court vide its order dated

          26.11.2025 directed the Investigating Officer to record the

          statement of the victim on or before 15th January 2026 and in

          pursuance thereof statement of the victim was recorded by the

          I.O. on 13.01.2026 and a report in this regard has been

          submitted through Superintendent of Police, Nawada vide letter

          no. 69 dated 16.01.2016. In her statement recorded before the
               Patna High Court CR. MISC. No.61484 of 2025(5) dt.01-04-2026
                                                           3/3




                         Investigating Officer the victim has stated that her age is

                         nineteen years and she had gone with the petitioner on her free

                         will and has performed marriage and residing with him in Delhi.

                             6. Regard being had to the submission made by the parties,

                         taking into consideration the statement of the victim girl

                         recorded on 13.01.2026 and her statement recorded at the very

                         beginning on 22.05.2025, I am inclined to grant anticipatory bail

                         to the petitioner.

                             7. Let the petitioner, above named, be released on

                         anticipatory bail in the event of arrest or surrender before the

                         court below within a period of four weeks from today on

                         furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with

                         two sureties of the like amount each to the satisfaction of

                         learned A.C.J.M.-II, Nawada in connection with Nardiganj P.S.

                         Case No. 186 / 2025 subject to the condition as laid down under

                         Section 482(2) of the B.N.S.S.



                                                  (Anil Kumar Sinha, J)
praful/-

U          T


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