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Patna High Court

Krishna JhaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                        2/2




                      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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