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Patna High Court

Jitu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                       3/3




                     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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