Patna High Court
Jitu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner, directing his release on bond with conditions.
Summary
The petitioner, Jitu Kumar, was arrested in connection with a case under Section 137(2) of the Bharatiya Nyaya Sanhita, 2023, alleging that he abducted the minor daughter of an informant. The victim, now an adult, testified that she left home voluntarily, married the petitioner, and lived with him of her own free will, also stating this under Section 183 BNSS. The petitioner argued that the FIR was filed after an unjustified three‑day delay, he has a clean antecedent, and the charge‑sheet has already been filed. The State opposed bail. Considering the victim’s statement, the petitioner’s clean record, the charge‑sheet filing, and the circumstances of custody, the court ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 480(3) of the BNSS.
Issues considered
- What is the appropriate decision on the bail application under Section 137(2) of the BNSS given the victim’s voluntary statement and the petitioner’s clean antecedent?
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 137(2), 183, 480(3)
Subjects
- bail
- criminal procedure
- Section 137(2) BNSS
- Section 183 BNSS
- Section 480(3) BNSS
- clean antecedent
- voluntary statement
- missing minor
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6594 of 2026
Arising Out of PS. Case No.-695 Year-2025 Thana- JAHANABAD District- Jehanabad
======================================================
Jitu Kumar S/o Shiv Nath Sao @ Shreenath Saw R/o Village - Zafarganj, P.S -
Jehanabad, District - Jehanabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shivendra Prasad, Advocate
For the Opposite Party/s : Mr. Ajay Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Jehanabad P.S. Case No. 695 of 2025 registered
for the alleged offences under Section 137(2) of Bharatiya
Nyaya Sanhita, 2023.
03. As per prosecution case, the minor daughter of the
informant went missing and, later on, the name of the petitioner
transpired as the person who took her away.
04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. The FIR has been lodged after delay of three days without
any satisfactory explanation. The daughter of the informant is
major and she was in love with the petitioner and both of them
Patna High Court CR. MISC. No.6594 of 2026(2) dt.04-02-2026
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solemnized marriage. The police recorded the statement of the
victim girl wherein she stated that she left her house on her own
and went to Patna and thereafter to Goa with the petitioner and
they stayed together as husband and wife. On coming to know
about the present case, they returned and they were apprehended
by the police. Even in her statement under Section 183 BNSS,
she stated that she was having affair with the petitioner and she
gone out with the him out of her own sweet will. Learned
counsel further submits that after recording the statement of the
victim girl before the Judicial Magistrate, she was taken away
by the informant to his house but as she was mistreated there,
she again left her house and came to the house of the petitioner
where she has been staying happily. The petitioner is in custody
since 25.08.2025 and charge-sheet has been submitted. The
petitioner is having clean antecedent.
05. Learned APP for the State opposes the submission
made on behalf of the petitioner.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
statement of the victim girl and also considering the period of
custody of the petitioner and his clean antecedent along with
submission of charge-sheet, the petitioner above named is
Patna High Court CR. MISC. No.6594 of 2026(2) dt.04-02-2026
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directed to be released on bail on furnishing bail bonds of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Chief Judicial Magistrate,
Jehanabad in connection with Jehanabad P.S. Case No. 695 of
2025, subject to the conditions mentioned in Section 480(3) of
BNSS and the following conditions:
(i) One of the bailors will be a close relative of
the petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail
bond of the petitioner will be liable to be
cancelled by the court concerned.
(Arun Kumar Jha, J)
Ashish/-
U T
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