Patna High Court
Om Prakash @ Om Prakash KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court held that anticipatory bail could be granted, subject to bond and surety conditions, as the prosecution evidence was insufficient to justify arrest.
Summary
The petitioner, Om Prakash, was implicated in a kidnapping and theft case (Gaunaha P.S. Case No. 58 of 2025) under Sections 87, 137(2) and 3(5) of the Bharatiya Nagrik Suraksha Sanhita. He alleged that the minor victim’s statement under Section 180 did not accuse him and that there was no medical evidence of sexual assault, asserting that the allegations were false and stemmed from a love affair. The petitioner, a 22‑year‑old with no prior criminal record, sought anticipatory bail, offering to cooperate with the investigation. The State opposed the bail. Considering the circumstances, the Court ordered that the petitioner be released on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the B.N.S.S.
- Whether the allegations under Sections 87, 137(2) and 3(5) of the B.N.S.S. justify arrest in the absence of incriminating statements or medical evidence
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita — s. 137(2), 180, 3(5), 482(2), 87
Subjects
- anticipatory bail
- kidnapping
- theft
- Bharatiya Nagrik Suraksha Sanhita
- Section 482
- minor victim
- love affair
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77490 of 2025
Arising Out of PS. Case No.-58 Year-2025 Thana- GAUNAHA District- West Champaran
======================================================
Om Prakash @ Om Prakash Kumar Son of Madan Sah Resident of Village-
Belwa, Bahuari, P.S.- Gaunaha, District- West Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Nirmala Devi Wife of Kanhaiya Mahto Resident of Village- Belwa, Bahuari,
P.S.- Gaunaha, District- West Champaran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Gupta, Advocate
For the Opposite Party/s : Mr. Suresh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 11-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Gaunaha P.S. Case No. 58 of 2025, instituted under Sections
87, 137(2), 3(5) of the B.N.S.
3. As per the prosecution case, petitioner along with
F.I.R. named accused persons are alleged to have kidnapped the
minor daughter of the informant with ill-motive, who had taken
cash of Rs. 1,90,000/- and other valuables with her.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in this case.
He submits that the victim in her statement under Section 180 of
B.N.S.S. has not made any allegation against the petitioner and
stated that she had gone with the petitioner with her own sweet-
Patna High Court CR. MISC. No.77490 of 2025(3) dt.11-02-2026
2/2
will. In the medical report also, no evidence of any sexual assault
has been found. Petitioner is a young boy of 22 year and has no
criminal antecedent, however, mother of the informant after this
case also filed one other case in which he is on bail. There is no
overt act attributed against the petitioner. There is love affairs
between the petitioner and the victim. Petitioner undertakes to co-
operate in the investigation and trial.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. Considering the facts and circumstances of the case
and submission of learned counsel for the parties, in the event of
arrest or surrender before the Court below within six weeks from
today, the petitioner be released on bail upon furnishing bail bonds
of Rs. 10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Judicial Magistrate 1 st Class,
Bettiah, West Champaran in connection with Gaunaha P.S. Case
No. 58 of 2025, subject to the conditions laid down in Section 482
(2) of the Bharatiya Nagrik Suraksha Sanhita (B.N.S.S.), 2023.
(Sunil Dutta Mishra, J.)
rakhi/-
U T
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