Patna High Court
Uttam KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
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
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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
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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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