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Patna High Court

Anish Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to strict conditions.

Summary

Anish Kumar Singh was arrested in connection with a 2022 FIR alleging kidnapping (IPC s.363), kidnapping for marriage (IPC s.366(a)) and abetment (IPC s.34) of the informant's daughter, who later allegedly committed suicide in Surat. The petitioner contended that the relationship was consensual, that he was falsely implicated, and that there was no evidence linking him to any crime, emphasizing his clean antecedent and the three‑year lapse without police action. The State and the informant opposed bail, asserting the petitioner’s role in the kidnapping and the victim’s death. The court examined the submissions, noted the victim’s suicide, and considered the lack of substantive evidence, deciding to grant bail with a Rs.10,000 bond and specific conditions. The order also stipulated that any breach of conditions could lead to cancellation of bail.

Issues considered

  • Whether bail should be granted in a case involving alleged kidnapping, kidnapping for marriage and alleged involvement in a victim's suicide.
  • Whether the evidence on record sufficiently justifies continued detention of the petitioner.
  • Whether the provisions of IPC sections 363, 366(a) and 34, and the POCSO Act, are applicable to the petitioner.

Legislation cited

Subjects

  • bail
  • kidnapping
  • IPC 363
  • IPC 366(a)
  • IPC 34
  • suicide
  • criminal procedure
  • bail conditions
  • Indian Penal Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.69050 of 2025
                      Arising Out of PS. Case No.-363 Year-2022 Thana- BARHARA District- Bhojpur
                 ======================================================
                 Anish Kumar Singh, Son of Sri Jagarnath Singh, R/o Village - Sirisiya, P.S.-
                 Barhara, District - Bhojpur.

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Sunita Devi, Wife of Sri Laxman Singh, R/o Village and P.O.- Fuha, P.S.-
                 Barhara, District - Bhojpur

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Rajesh Kumar Singh, Sr. Advocate
                                                  Mr. Dharmendra Kumar Singh, Advocate
                 For the State           :        Mr. Sharda Kumari, Advocate
                 For the Informant       :        Mr. Manoj Kumar Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

4   08-01-2026                   Heard Mr. Rajesh Kumar Singh, learned Senior

                   counsel assisted by Mr. Dharmendra Kumar Singh; Mr. Manoj

                   Kumar Singh, learned counsel appearing on behalf of opposite

                   party No.2 and Ms. Sharda Kumari, learned APP for the State.

                                 2. Petitioner, who is in custody, seeks bail in

                   connection with Barhara P.S. Case No. 363 of 2022 registered

                   for the offences punishable under Sections 363, 366(a) and 34 of

                   the Indian Penal Code.

                                 3. As per the prosecution case, the informant has

                   alleged that her daughter had eloped along with one Anish

                   Kumar Singh (petitioner) on his allurement with Rs.65-70,000/-

                   and they were traceless.
Patna High Court CR. MISC. No.69050 of 2025(4) dt.08-01-2026
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                       4. Learned Senior counsel for the petitioner has

          submitted that the petitioner has falsely been implicated in this

          case and in fact, the victim had gone along with the petitioner

          out of her own sweet will and they have performed marriage

          and staying together in Surat. It has further been submitted that

          even the police have not taken any steps for recovery of the

          child for the next three years after lodging of the present FIR

          and only when the news of the death of the victim on account of

          her committing suicide was reported, the petitioner was

          apprehended in the present case. It has been submitted that there

          is nothing on record to connect the petitioner with the present

          incident and no case under the relevant sections of the IPC and

          even POCSO Act is made out. It has lastly been submitted that

          the petitioner has clean antecedent and he is in custody since

          06.04.2025.

                       5. Learned counsel for the opposite party no.2 has

          vehemently opposed the prayer for bail and has stated that the

          petitioner is instrumental not only in kidnapping the daughter of

          the informant but also subsequently killed her.

                       6. Learned A.P.P. has also vehemently opposed the

          prayer for bail and has stated that the petitioner had kidnapped

          the girl initially and subsequently she died under mysterious
Patna High Court CR. MISC. No.69050 of 2025(4) dt.08-01-2026
                                            3/4




          circumstances and a UD case was also registered at Surat.

                       7. Considering the aforesaid submissions made by the

          parties and taking into account the fact that the petitioner is in

          custody since 06.04.2025 and from the records, it seems that the

          victim had committed suicide at Surat, let the petitioner, above

          named, be released on bail on furnishing bail bond of Rs.

          10,000/- (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 Barhara P.S.

          Case No. 363 of 2022, subject to the following conditions:-

                                       (i) One of the bailors of the petitioner shall
                          be his close relative and the other shall be local
                          resident.
                                       (ii) The petitioner shall remain physically
                          present in Court on each date of the trial.
                                       (iii) In case of absence on two 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.
                                       (iv) If the petitioner is found involved in
                          similar nature of offence in future, the prosecution shall
                          be at liberty to move for cancellation of his bail bond.
                                       (v) The learned Court below shall verify the
                          criminal antecedent of the petitioner and in case at any
                          stage it is found that the petitioner has concealed his
                          criminal antecedent, the court below shall take step for
                          cancellation of bail bond of the petitioner. However,
                          the acceptance of bail bonds in terms of the above-
          Patna High Court CR. MISC. No.69050 of 2025(4) dt.08-01-2026
                                                      4/4




                                    mentioned order shall not be delayed for purpose of or
                                    in the name of verification.

                                 8. Accordingly, the prayer for bail is allowed.

                                 9. It is made clear that the observation, if any, made in

                    this order, shall be of no bearing during the trial.



                                             (Sourendra Pandey, J)
manoj/-

U


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