Patna High Court
Amar KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court held that anticipatory bail could not be granted and dismissed the application.
Summary
The petitioners, Amar Kumar and Dharmendra Kumar, applied for anticipatory bail fearing arrest in a case (Parihar P.S. Case No. 201 of 2024) alleging abduction of a girl under IPC sections 363, 366 and 34. The prosecution alleged that the petitioners abducted the victim, while the petitioners claimed innocence and that the girl was in contact with her family. The informant opposed the bail, stating the girl remained missing. Considering the seriousness of the allegations and the fact that the missing girl had not been recovered, the Court declined to grant anticipatory bail. The petitioners were ordered to surrender within four weeks and to seek regular bail, and the Superintendent of Police was directed to form a special team to recover the girl within six weeks.
Issues considered
- Whether anticipatory bail should be granted to the petitioners accused of abduction under IPC sections 363, 366 and 34.
- Whether the circumstances justify denial of anticipatory bail and warrant the petitioners' surrender.
Legislation cited
- Indian Penal Code — s. 34, 363, 366
Subjects
- anticipatory bail
- abduction
- Indian Penal Code
- Criminal Procedure Code
- missing person
- special investigation team
- bail application
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73969 of 2025
Arising Out of PS. Case No.-201 Year-2024 Thana- PARIHAR District- Sitamarhi
======================================================
1. Amar Kumar S/O Late Ram Pratap Ray R/O Village- Rambhelahi, P.S.-
Parihar, District- Sitamarhi
2. Dharmendra Kumar @ Purushottam Kumar S/O Late Ram Pratap Ray R/O
Village- Rambhelahi, P.S.- Parihar, District- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar PATNA
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pramod Kumar Sinha
For the Opposite Party/s : Mr.Anand Kishore Choudhary
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 09-03-2026 Heard learned counsel for the petitioners, learned
counsel for the informant and learned APP for the State.
2. The petitioners apprehend their arrest in
connection with Parihar P.S. Case No. 201 of 2024 registered
for the offence under Sections 363, 366, 34 of the Indian Penal
Code.
3. As per the prosecution case, the petitioners are
accused of abducting the victim girl.
4. It has been submitted by the learned counsel for
the petitioners that the petitioners are innocent and they have
falsely been implicated in this case. He further submits that
victim girl is in touch with her family.
5. Learned counsel for the informant has opposed
the application of the petitioners and has submitted that the
missing girl has not been recovered yet.
6. Considering the nature of allegations levelled
Patna High Court CR. MISC. No.73969 of 2025(3) dt.09-03-2026
2/2
against the petitioners, this Court is not inclined to grant
anticipatory bail to the petitioners.
7. Accordingly, this application for anticipatory
bail is dismissed.
8. The petitioners are directed to surrender in the
Court below within four weeks from today and pray for regular
bail failing which the Superintendent of Police, Sitamarhi will
take all steps for arrest of the petitioners.
9. The Superintendent of Police, Sitamarhi is
directed to form a Special Team for recovery of the missing girl
and it is expected that the missing girl is recovered within six
weeks from today and file a compliance report in this Court
with regard to the same.
10. Let a copy of this order this order be
communicated to the Superintendent of Police, Sitamarhi
through FAX for its compliance.
(Sandeep Kumar, J)
Vikas/-
U
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