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Patna High Court

Aman Kumar @ AmanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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