Patna High Court

Ajay KumarversusThe State of Bihar

Decided: 15 January 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

The Court held that anticipatory bail is warranted as the victim’s statement indicates no kidnapping, and there is no likelihood of the petitioner fleeing or tampering with evidence.

Summary

The petitioner, Ajay Kumar, sought anticipatory bail after being implicated in a case registered under Sections 96, 137(2), 65(1) of the Bhartiya Nyaya Sanhita and Section 4 of the POCSO Act for allegedly luring a girl under the pretext of marriage. The informant claimed the girl was kidnapped, but the victim’s statement recorded under Sections 180 and 183 of the BNSS asserted that she voluntarily accompanied the petitioner and married him. The State opposed the bail, arguing the seriousness of the offences. The Court examined the victim’s voluntary statement and the surrounding facts, concluding that there was insufficient ground to deny bail. Consequently, the Court granted anticipatory bail with a bond of Rs. 10,000 and two sureties, subject to conditions under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.

Issues considered

Whether anticipatory bail should be granted in a case involving alleged kidnapping and a POCSO offence.
Whether the victim’s voluntary statement under Sections 180 and 183 of the BNSS negates the charge of kidnapping.
Whether the provisions of the Bhartiya Nyaya Sanhita and POCSO Act justify denial of bail.

Legislation cited

Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
Bhartiya Nyaya Sanhita — s. 137(2), 180, 183, 482, 65(1), 96
Protection of Children from Sexual Offences Act — s. 4

Subjects

anticipatory bail
kidnapping
POCSO
victim statement
Bhartiya Nyaya Sanhita
criminal procedure
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.79359 of 2025
                    Arising Out of PS. Case No.-81 Year-2025 Thana- Nawalpur District- West Champaran
                 ======================================================
                 Ajay Kumar, Son of Late Chhotelal Sah R/o Village - Bansgaon, P.S. -
                 Bhairoganj, District - West Champaran.
                                                                     ... ... Petitioner/s
                                                   Versus
           1.     The State of Bihar
           2.     X Wife of Kamlesh Sah, R/o Village - Nimuiya ward no. 6, P.S. - Nawalpur,
                  District - West Champaran.
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sarvesh Kashyap, Advocate
                 For the Opposite Party/s :        Mr. Damodar Prasad Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   15-01-2026                    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 96, 137(2), 65(1) of the

                   Bhartiya Nyaya Sanhita and Section 4 of POCSO Act.

                                  3. Informant namely Lakshmina Devi alleges that her

                   daughter was lured to run away by the petitioner on the pretext of

                   marriage. Later, informant received a call from someone asking her

                   to reach Bhairoganj thana as her daughter was there but there was

                   no trace of her daughter when informant reached thana.

                                  4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence. As a matter of

                   fact, there was lover affair between the petitioner and the victim.

                   The victim on her own volition went with the petitioner and

                   solemnized marriage with             him. The victim in her statement
            Patna High Court CR. MISC. No.79359 of 2025(2) dt.15-01-2026
                                                        2/2




                      recorded under Sections 180 and 183 of the BNSS has denied the

                      factum of kidnapping. She stated that she herself went along with

                      the petitioner to Muzaffarpur and resided in a rented house and

                      solemnized marriage with him in Chandisthan Mandir.

                                    5. Learned A.P.P. for the State opposed the bail petition

                      of the petitioner.

                                   6. Considering the statement of the victim recorded under

                      Sections 180 and 183 of the BNSS and other facts and circumstances

                      of the case, 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 J.M.,

                      West Champaran, Bettiah, in connection with Nawalpur P.S. Case

                      No. 81 of 2025, 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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