Patna High Court
Aman Kumar @ AmanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted anticipatory bail to the petitioner subject to the conditions imposed.
Summary
The petitioner, Aman Kumar, sought anticipatory bail after an FIR was lodged under Sections 137 and 96 of the B.N.S., alleging that he had kidnapped a minor girl and called her for marriage. The petitioner contended that he never spoke to the girl, who was later found at a relative’s house in Jharkhand, and argued that the FIR was based on vague suspicion and was filed two days after the alleged incident. The victim’s statement under Section 183 of the B.N.S. indicated she had gone to a relative’s house after her exams and had not disclosed her whereabouts to her parents. The State opposed the bail, but the Court considered the delay in filing the FIR and the victim’s statement, and granted anticipatory bail subject to surrender within four weeks, a bail bond of Rs.10,000 with two sureties, and compliance with Section 438(2) of the CrPC and Section 482(2) of the B.N.S.
Issues considered
- Whether anticipatory bail should be granted in view of the allegations under Sections 137 and 96 of the B.N.S.
- Whether the delay in filing the FIR and the victim’s statement under Section 183 affect the merit of the bail application
- Applicability of Section 438(2) CrPC and Section 482(2) B.N.S. in granting anticipatory bail
Legislation cited
- B.N.S. — s. 137, 182, 183, 482, 96
- Code of Criminal Procedure — s. 438
Subjects
- anticipatory bail
- kidnapping
- FIR delay
- Section 438 CrPC
- Section 482 B.N.S.
- minor
- false accusation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69499 of 2025
Arising Out of PS. Case No.-123 Year-2025 Thana- AURANGABAD TOWN District-
Aurangabad
======================================================
Aman Kumar @ Aman S/O Late Upendra Singh R/O Village Udham Bigha,
P.S.- Salaiya, Dist.- Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mukul Kumari
For the Opposite Party/s : Mr.Ahmad Ali
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 21-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in a case
registered under Sections 137 and 96 of the BNS.
3. Allegation in the first information report is that the
minor daughter of the informant was kidnapped and phone call
was received from one Aman Kumar, who is the present petitioner,
that his daughter had gone along with him for the purpose of
marriage.
4. Learned counsel for the petitioner submits that the
present case has been lodged only upon some vague suspicion and
upon a disclosure that the person talking on phone disclosed his
name as Aman and that he wanted to marry the informant’s
daughter. As a matter of fact, the petitioner had never talked with
the victim girl and she was recovered from the house of one Pintu
Patna High Court CR. MISC. No.69499 of 2025(3) dt.21-01-2026
2/2
Kumar in Jharkhand and it would be also a matter of consideration
that the present FIR was also lodged after a delay of two days.
Further, the statement of the victim girl under Section 183 of the
BNSS indicates that she had gone away after her exams to the
house of her relative at Chatra and had not disclosed the same to
her parents only out of fear.
5. The application for anticipatory bail is opposed by
learned A.P.P. for the State.
6. Taking into consideration the facts and circumstances
and also considering the fact of delay in the FIR coupled with the
statement of the victim under Section 183 of the BNSS, let the
petitioner above named, in the event of his arrest or surrender
before the learned Court below within a period of four weeks, be
released on anticipatory bail in connection with Aurangabad Town
P.S. Case no. 123 of 2025 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 subject to the condition laid down under Section 438(2) of
the Code of Criminal Procedure/Section 482(2) of the B.N.S.S.
(Soni Shrivastava, J)
devendra/-
U T
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