Patna High Court
Md. ChhotuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was granted to the petitioner.
Summary
The petitioner, Md. Chhotu, sought anticipatory bail fearing arrest in a kidnapping case (PS Balia Case No. 310 of 2024) involving alleged offences under the Bharatiya Nyaya Sanhita, 2023 and the SC/ST Act. The prosecution alleged that the petitioner kidnapped a girl, while the petitioner claimed innocence, asserting that the girl had eloped with him. The victim’s statement indicated an elopement, leading the Court to consider the factual context. After hearing both sides, the Court held that the circumstances did not warrant denial of bail and granted anticipatory bail. The order directed the petitioner to surrender within four weeks, furnish a bail bond of Rs.10,000 with two sureties, and comply with conditions under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in a kidnapping case under the Bharatiya Nyaya Sanhita and the SC/ST Act.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 137(2), 3(5), 96
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(r)(s)(w), 3(2)(v), 3(v)
Subjects
- anticipatory bail
- kidnapping
- elopement
- Bharatiya Nyaya Sanhita
- SC/ST Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71610 of 2025
Arising Out of PS. Case No.-310 Year-2024 Thana- BALIYA District- Begusarai
======================================================
Md. Chhotu S/o- Md. Pachchu @ Md. Murtaza Village- Chhoti Balia
Mirsikhar Tola PS- Balia District-Begusarai
... ... Petitioner/s
Versus
1. The State of Bihar
2. Upendra Chaudhary S/o- Late Anandi Chaudhary Village- Chhoti Balia
Mirsikhar Tola, Nagar Parishad PS- Balia District-Begusarai
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Parwej Khan
For the Opposite Party/s : Ms. Usha Kumari 1
Mr. Raj Kumar
Ms. Asmita Bharti
Mr. Sarvottam Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 09-03-2026 Heard the learned counsel for the petitioner, the
learned APP for the State, and the learned counsel for the O.P.
No. 2.
2. The petitioner apprehends arrest in connection with
Balia @ Ballia P.S. Case No. 310 of 2024 registered for offences
under Sections 137(2), 96 and 3(5) of the Bharatiya Nyaya
Sanhita, 2023 and Sections 3(1)(r)(s)(w), 3(2)(v) and 3(v) of the
SC/ST Act.
3. As per the prosecution case, the petitioner is
accused of kidnapping the victim girl.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.71610 of 2025(3) dt.09-03-2026
2/2
petitioner is quite innocent and has not committed any offence.
5. Learned APP for the State and the learned counsel
for the O.P. No. 2 have vehemently opposed the prayer for bail.
6. Considered the submissions of the parties. From the
statement of the victim girl, it appears that she had eloped with
the petitioner. In view of the facts and circumstances of the case,
the application for anticipatory bail is allowed.
7. Accordingly, let the petitioner, above-named, in the
event of arrest or surrender within four weeks from today in the
Court below, be released on anticipatory bail on furnishing bail
bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of
the like amount each to the satisfaction of learned Court below
where the case is pending/successor Court in connection with
Balia @ Ballia P.S. Case No. 310 of 2024 subject to the
conditions as laid down under Section 482(2) of the BNSS.
(Sandeep Kumar, J)
Shishir/-
U T
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