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Patna High Court

Anugrag Kumar @ Anurag Basu @ Anurag BashuversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
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                      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


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