Patna High Court
Deepak KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The court granted anticipatory bail to the petitioner with conditions, finding no sufficient ground to deny bail.
Summary
The petitioner, Deepak Kumar, sought anticipatory bail in connection with a case registered under Section 96 of the Bharatiya Nyaya Sanhita alleging that a minor girl had gone missing and was allegedly involved with him. The prosecution alleged the girl was a minor, while the petitioner contended that the girl, aged 18-19, had voluntarily left home, married him in Banaras, and was not coerced. The court examined the victim's statement, a medical report confirming her age, and noted the petitioner had no prior criminal record. Considering these facts, the court decided to grant anticipatory bail, subject to standard conditions. The order directed the petitioner to furnish a bail bond of Rs. 10,000 with two sureties and comply with conditions regarding appearance, non‑tampering with evidence, and refraining from further offences.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 96 of the Bharatiya Nyaya Sanhita given the alleged involvement of a minor.
- Whether the victim's voluntary departure and marriage affect the applicability of criminal liability.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 96
Subjects
- anticipatory bail
- Section 96
- Bharatiya Nyaya Sanhita
- minor
- criminal antecedent
- bail conditions
- marriage consent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7720 of 2026
Arising Out of PS. Case No.-138 Year-2025 Thana- KONCH District- Gaya
======================================================
Deepak Kumar S/o Sabindra Sharma R/o Village - Lodipur, P.S - Konch,
District - Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mrigendra Kumar, Advocate
For the State : Mr. Upendra Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 01-04-2026 Heard Mr. Mrigendra Kumar, learned counsel
for the petitioner and learned APP representing the State.
2. The petitioner is apprehending his arrest in
connection with Konch P.S. Case No. 138 of 2025 registered for
the offence under Sections 96 of the Bharatiya Nyaya Sanhita,
lodged on 26.02.2026 by the informant, Swetima Mishra.
3. As per the prosecution story, the informant alleged
that on 25.02.2025, her minor daughter went out but failed to
return, sensing the role of the petitioner, the F.I.R..
4. Learned counsel for the petitioner submits that both
were in a relationship, the girl moved out of the house on her
own, called the petitioner and went to Banaras where they
solemnized marriage. With the help of Annexure-2 which is a
medical report, he submits that the girl has been found to be
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between 18 to 19 years.
5. Learned APP opposes the prayer submitting that
the F.I.R. shows that the girl was minor.
6. In this case, the coordinate Bench had called for the
case diary and statement of the victim girl which is/are on
record and the girl has recorded that she moved on her own,
went to Banaras and solemnized marriage. Later, it has further
been recorded that if she goes to her parents home, they will
solemnize her marriage to a different place.
7. Taking into account the aforesaid facts/submissions
put forward by the parties as also the medical report, this
petitioner do not have criminal antecedent, in that background,
this Court is inclined to extend him the privilege of anticipatory
bail.
8. Let the petitioner be released on bail in the event of
arrest or surrender within a period of four weeks from the
receipt of this order, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) with two sureties of like amount each to the
satisfaction of learned Additional Chief Judicial Magistrate-8,
Gaya Ji, in connection with Konch P.S. Case No. 138 of 2025
subject to the following conditions:-
(i) one of the bailor should be the family
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member/relative of the petitioner who shall provide official
document (Aadhar Card/Voter Id/Driving License/Pan Card) to
show his/her bona fide;
(ii) the petitioner shall be appearing before the Police
Station as and when required for cooperating in the
investigation;
(iii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his/her
bail bond by the Trial Court itself;
(iv) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(v) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of bail bonds.
(Rajiv Roy, J)
vinayak/-
U T
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