Patna High Court
Krishna JhaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner subject to the stipulated conditions.
Summary
Krishna Jha sought anticipatory bail after being implicated in a case registered under Sections 115(2), 137(2) and 96 of the Bhartiya Nyaya Sanhita for allegedly kidnapping his minor daughter and assaulting his wife. The victim, who was 19 years old, gave a statement under Section 183 stating that she left her home voluntarily, was in love with the petitioner, and had married him, thereby denying the allegations. The State opposed the bail petition, but the court considered the victim’s statement and the circumstances of the case. The court held that the petitioner was entitled to anticipatory bail, subject to conditions. Accordingly, the petitioner was ordered to furnish bail bonds of Rs.10,000 with two sureties and comply with conditions under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the allegations under Sections 115(2), 137(2) and 96 of the Bhartiya Nyaya Sanhita and the victim's statement under Section 183.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
- Bhartiya Nyaya Sanhita — s. 115(2), 137(2), 183, 96
Subjects
- anticipatory bail
- kidnapping
- assault
- victim statement
- criminal procedure
- Bhartiya Nyaya Sanhita
- Bhartiya Nagrik Suraksha Sanhita
- Section 115
- Section 137
- Section 96
- Section 183
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73143 of 2025
Arising Out of PS. Case No.-386 Year-2024 Thana- BALIYA District- Begusarai
======================================================
Krishna Jha, son of Ganesh Jha, Resident of Village- Sujanpur, Ps- Gadhpura,
Dist- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Sameer, Advocate
For the Opposite Party/s : Mr. Pramod Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 13-01-2026 Heard learned counsel for the petitioner and the
learned A.P.P. for the State.
2. The petitioner apprehend his arrest in a case
registered for the offence under Sections 115(2), 137(2)and 96
of the Bhartiya Nyaya Sanhita.
3. It is alleged the informant’s wife and daughter
had gone to village to attend shradh ceremony, where all
named accused persons kidnapped his minor daughter and left
his wife, after assaulting her.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. There
was love affair between the petitioner and victim. The victim
in her statement under Section 183 of the BNSS denied the
allegations levelled against the petitioner. She stated that her
Patna High Court CR. MISC. No.73143 of 2025(3) dt.13-01-2026
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father wanted to get her married to an older boy. So, she left
the house on her own volition. She was in love with the
petitioner and solemnized marriage with him. The learned trial
court assessed the age of the victim is 19 years. Petitioner
claims clean antecedent.
5. Learned A.P.P. for the State opposed the bail
petition of the petitioner.
6. Considering the facts and circumstance of the case
and the statement of victim recorded under Section 183 of the
BNSS, the prayer for anticipatory bail of petitioner is allowed.
Let the above named petitioner, in the event of his
arrest/surrender within a period of eight weeks from today, be
enlarged 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 C.J.M., Begusarai in connection with
Baliya P.S. Case No. 386 of 2024, subject to condition as laid
down under Section 482 of the Bhartiya Nagrik Suraksha
Sanhita, 2023.
(Prabhat Kumar Singh, J)
khushbu/-
U T
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