Anshu KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.81198 of 2025
                   Arising Out of PS. Case No.-355 Year-2025 Thana- KESARIA District- East Champaran
                 ======================================================
                 Anshu Kumar S/O Nirbhay Prasad @ Nirbhay Bhagat @ Nibhay Bhagat
                 Resident of Village- Majhar, P.S- Pakridayal, Distt.- East Champaran.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Kundan Rathore @ Kundan Kumar, Adv.
                 For the Opposite Party/s :       Mr. Ajay Kumar Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   21-01-2026                  Heard Mr. Kundan Rathore, learned counsel for the

                   petitioner and Mr. Ajay Kumar Jha, learned APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Kesariya P.S. Case No. 355 of 2025 registered for the

                   offence punishable under Section 96 of the B.N.S., 2023.

                                3. The case of the prosecution in short is that the

                   petitioner has kidnapped the minor daughter of the informant.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this

                   case. Learned counsel for the petitioner submits that during the

                   course of investigation the victim was recovered and her

                   statements were recorded under Sections 180 and 183 of the

                   BNSS. In her statement under Section 180, which was recorded
Patna High Court CR. MISC. No.81198 of 2025(3) dt.21-01-2026
                                            2/3




          on 23.08.2025, the victim stated that she had gone to see the fair

          with her aunt, where she met the petitioner. They were known to

          each other, and thereafter they fled to Muzaffarpur and from

          there went to Kanpur. After sometime, they returned to Bihar

          and again went to see the fair of Chakia, where they were

          apprehended by the police. However, in her Statement under

          Section 183, the victim stated that she had gone to see the

          Keshariya fair, where Savita Devi, Kundan Sahni, Muskan

          Kumari and Sikha Kumar told her to marry Anshu kumar (the

          petitioner) to which she denied. Thereupon, all of them

          assaulted her and threatened that her brother would be killed if

          she did not agree to marry Anshu Kumar. Thereafter, she was

          forcibly boarded into a four-wheeler and taken to Muzaffarpur.

                       5. Learned counsel for the petitioner further submits

          that the statement of the victim recorded under Section 183 of

          the BNSS was recorded on 25.08.2025, whereas her statement

          of 180 was recorded on 23.08.2025. Thus, the statement

          recorded under Section 180 of the BNSS is the subsequent one.

          Moreover, a statement has been made in para 3 of the petition

          that petitioner has no criminal antecedent and he is languishing

          in judicial custody since 24.08.2025.

                       6. The application for bail is opposed by learned APP
           Patna High Court CR. MISC. No.81198 of 2025(3) dt.21-01-2026
                                                       3/3




                     for the State.

                                  7. Having heard learned counsel for the parties and

                     considering the facts and circumstances of the case, this Court is

                     inclined to enlarge the petitioner on bail. The above named

                     petitioner is directed to be enlarged on bail on furnishing bail

                     bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                     of the like amount each to the satisfaction of the learned Chief

                     Judicial Magistrate, Motihari in connection with Kesariya P.S.

                     Case No. 355 of 2025.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T