Patna High Court
Anugrag Kumar @ Anurag Basu @ Anurag BashuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court ordered that bail be granted to the petitioner subject to a bond and conditions of appearance.
Summary
The petitioner, a 19‑year‑old named Anugrag Kumar, was arrested in connection with a kidnapping case under Section 137(2) of the Bharatiya Nyaya Sanhita, 2023, although his name did not appear in the FIR. The alleged victim, the informant’s daughter, was later recovered and her statement under Section 183 BNSS indicated she left home voluntarily due to family abuse and did not allege any forceful abduction by the petitioner. Both the informant and the victim, examined as witnesses during trial, expressly stated they held no grievance against the petitioner and denied any kidnapping by him. The petitioner filed a bail petition, arguing that the case lacked substantive evidence and that he had been in custody since 28‑05‑2025. Considering the absence of incriminating testimony, the petitioner’s young age, and the apparent consensual nature of the relationship, the Court granted bail on a bond of Rs 10,000 with two sureties and imposed conditions of physical presence in court.
Issues considered
- Whether bail should be granted to the accused in a kidnapping case under Section 137(2) of the Bharatiya Nyaya Sanhita when the victim’s and informant’s statements do not support the charge
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 137(2), 183
Subjects
- kidnapping
- bail
- Bharatiya Nyaya Sanhita
- Section 137(2)
- Section 183
- minor accused
- evidence
- witness statements
- love affair
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64915 of 2025
Arising Out of PS. Case No.-86 Year-2025 Thana- SANGRAMPUR District- Munger
======================================================
Anugrag Kumar @ Anurag Basu @ Anurag Bashu S/o Chandrashekhar Singh
R/o Village - Paukuri, P.S - Shambhuganj, District – Banka.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Narendra Kumar Jha S/o Ravindra Jha R/o Village - Sanhauli, P.S -
Sangrampur, District - Munger
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Sunil Kumar Pathak, Advocate
Mr. Surya Narayan Sah, Advocate
For the State : Mr. Rajendra Prasad Nat, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
6 11-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in a case registered for
the offence punishable under Section 137(2) of the Bharatiya
Nyaya Sanhita, 2023.
3. It appears from the office notes that neither the
service report nor the acknowledgment has been received,
despite the fact that fresh notices were issued to opposite party
no.2.
4. Learned counsel for the petitioner submits that
the present case may be heard on merits as the trial has begun
Patna High Court CR. MISC. No.64915 of 2025(6) dt.11-02-2026
2/4
and the informant has appeared in the trial and has not
completely supported the case of the prosecution as against the
petitioner, who is 19 years old boy and is lying in custody since
28.05.2025, without being named in the F.I.R.
5. The case relates to kidnapping of the daughter
of the informant by the unknown persons.
6. Learned counsel for the petitioner submits that
as would be evident from the F.I.R. that the petitioner is not
named but, subsequently, his name transpired in this case after
recovery of the victim girl whose statement was recorded under
Section 183 BNSS, which also indicates that the victim had left
her house on account of the fact that she was being tortured by
her father and others and was even assaulted. On account of
such fact, she had left with the petitioner to Bhagalpur, however
she has not alleged any sexual assault etc. against the petitioner.
He further submits that during the course of trial both the
informant and the victim have been examined as witnesses and
the deposition of the informant has been brought on record by
way of supplementary affidavit and a certified copy of the
deposition of the victim herself has been supplied. Upon perusal
of the statements of these witnesses, it would be evident that the
informant has clearly stated that he has no grievance against the
Patna High Court CR. MISC. No.64915 of 2025(6) dt.11-02-2026
3/4
present petitioner and he never saw him taking his daughter
away and the victim is now under his protection and guidance.
The victim herself also reiterated the fact earlier stated in the
statement recorded under Section 183 BNSS that she had left
the house in a fit of anger as she was scolded by her father and
has not stated that she was forcefully taken away by the
petitioner and had negated the fact regarding any untoward act
done by the petitioner.
7. Learned APP for the State opposed the bail
petition.
8. Taking into consideration the facts and
circumstances of the case and also considering the fact that the
present case seems to have arisen out of a friendly love
affair/relationship between the petitioner and the victim and the
petitioner, who is himself a young boy of 19 years of age,
languishing in custody since 28.05.2025 and the statements of
the victim and the informant recorded during the trial also do not
make any allegations against him, the above named petitioner is
directed to 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 Court below where the
case is pending/successor Court in connection with Sangrampur P.S.
Case No.86 of 2025, subject to the condition that the
Patna High Court CR. MISC. No.64915 of 2025(6) dt.11-02-2026
4/4
petitioner shall remain physically present in court on each and
every date during trial and in the event of failure on two
consecutive dates without sufficient reasons, his bail bonds shall
be liable to be cancelled by the learned court concerned.
(Soni Shrivastava, J)
Trivedi/-
U T
Checking your session…