Patna High Court

Ajay Kumar @ Vijay KumarversusThe State of Bihar

Decided: 17 January 2026
Disposal: BAIL GRANTED
Bench: ALOK KUMAR SINHA

Holding

The Court granted anticipatory bail to the petitioner.

Summary

Ajay Kumar was implicated in a case registered under Sections 137(2) and 96 of the Bharatiya Nyaya Sanhita, 2023, following a complaint by Shivam Kumar that his sister was missing and suspected Ajay of abduction. The petitioner filed an anticipatory bail application, asserting his innocence, lack of criminal antecedent, and that the dispute stemmed from a consensual love marriage between him and the informant’s sister. The State opposed the bail. The Court observed that the parties had solemnized a marriage with mutual consent, indicating the matter was a personal dispute rather than a serious criminal offense. Consequently, the Court granted anticipatory bail subject to a bail bond of Rs.10,000 and two sureties, and conditioned it on compliance with Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

What is the appropriateness of granting anticipatory bail to the petitioner under Sections 137(2) and 96 of the Bharatiya Nyaya Sanhita, 2023?

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
Bharatiya Nyaya Sanhita, 2023 — s. 137(2), 96

Subjects

anticipatory bail
kidnapping
love marriage
criminal procedure
Section 482
Section 137
Section 96
Bharatiya Nyaya Sanhita
Bharatiya Nagarik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.64673 of 2025
                     Arising Out of PS. Case No.-1034 Year-2024 Thana- AGAMKUAN District- Patna
                 ======================================================
                 Ajay Kumar @ Vijay Kumar, aged about 22 years, son of Mithu Prasad@
                 Mittu Ram, Resident of Mohalla-Vijay Nagar, P.S.-Agarkuan, Distt. Patna.
                                                                            ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Sudhanshu Shekhar, Advocate
                 For the Opposite Party/s :      Mr.Anand Kishore Choudhary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

3   17-01-2026                    Heard learned counsel for the petitioner and learned A.P.P.

                   for the State .

                                2. Petitioner apprehends his arrest in a case registered for

                   the offence punishable under Sections 137(2)/96 of Bhartiya Nyaya

                   Sanhita, 2023.

                                3. Prosecution story in brief is that the informant Shivam

                   Kumar gave a written application before SHO of Agamkuan P.S.

                   dated 03.12.2024 alleging therein that on 02.12.2024 at about 7 P.M.

                   in the evening sister of informant had gone to market to buy some

                   stuff, but she did not return back till now. He further alleged that he

                   has suspicion that holder of mobile No.9608901273, namely, Ajay

                   Kumar has taken away his sister somewhere. He searched her a lot

                   but could not find till now. Hence the present case.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the present

                   case. He further submits that there is love affairs between the parties
            Patna High Court CR. MISC. No.64673 of 2025(3) dt.17-01-2026
                                                        2/2




                      and the petitioner has no criminal antecedent, as statement made in

                      para 3 of the bail application.

                                   5. Learned A.P.P. for the State opposes the prayer for

                      anticipatory bail of the petitioner.

                                   6. Considering the aforesaid facts and circumstances of the

                      case and the fact that the petitioner as well as counsel for the

                      informant have jointly submited that the petitioner and the informant

                      have solemnized marriage and are living together, it appears to be a

                      case of love marriage with consent of both the sides. Under these

                      circumstances, I am inclined to grant privilege of anticipatory bail to

                      the petitioner.

                                   7. Let the petitioner, as named above, in the event of his

                      arrest or surrender within four weeks from today, be enlarged on bail

                      on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with

                      two sureties of the like amount each to the satisfaction of the learned

                      A.C.J.M.-IV, Patna City, in connection with Agamkuan P.S. Case No.

                      1034 of 2024, subject to the conditions laid down under section

                      482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.




                                                                       (Alok Kumar Sinha, J)
sanjeev/-

U       T

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