Patna High Court
Amit Kumar @ Amit Kumar DubeyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court allowed anticipatory bail to the petitioner subject to conditions under Section 482(2) of the BNSS.
Summary
The petitioner, Amit Kumar Dubey, was accused of kidnapping the minor daughter of an informant, creating obscene videos of her, and threatening her death, with charges under Sections 137(2), 87 and 3(5) of the BNS, Sections 4 and 8 of the POCSO Act and Section 67 of the IT Act. The petitioner sought anticipatory bail, arguing that the victim’s statement recorded under Section 183 of the BNSS did not incriminate him and that the police investigation concluded the case was untrue against him. The State opposed the bail. The court examined the victim’s statement and the investigative findings, and concluded that there was insufficient ground to deny bail. Consequently, the court granted anticipatory bail, subject to a bail bond of Rs.10,000, two sureties of the same amount, and conditions under Section 482(2) of the BNSS. The bail order directs that the petitioner be released on bail if arrested within eight weeks, pending further trial.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite serious allegations under the BNS, POCSO Act and IT Act
- Whether the victim’s statement under Section 183 BNSS and the police’s finding of no case against the petitioner justify granting bail
Legislation cited
- BNS — s. 137(2), 3(5), 87
- BNSS — s. 183, 482(2)
- Information Technology Act — s. 67
- Protection of Children from Sexual Offences Act — s. 4, 8
Subjects
- anticipatory bail
- kidnapping
- child sexual offences
- POCSO
- IT Act
- bail conditions
- victim statement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83067 of 2025
Arising Out of PS. Case No.-304 Year-2025 Thana- NAUTAN District- West Champaran
======================================================
Amit Kumar @ Amit Kumar Dubey Son of Shashikant Dubey R/o Village -
Shyampur Kotraha, Police station - Nautan, District - West Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sushil Kumar Dubey @ Vikash Kumar Dubey Son of Shri Shyamkant
Dubey R/o Village - Shyampur kotraha, Police station - Nautan, District -
West Champaran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brij Kishor Mishra, Advocate
For the Opposite Party/s : Mr. Pramod Kumar Pandey, APP
For the informant : Mr. Sanjeev Kumar , Advocate
Mr. Sitesh Kashyap, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 05-01-2026 Heard learned counsel for the petitioner and the
State .
2. Petitioner apprehends arrest in case registered for
the offences punishable under Sections 137 (2), 87 and 3(5) of
BNS and sections 4 and 8 Protection of Children From Sexual
Offences Act and section 67 of I.T. Act.
3 . As per F.I.R. this petitioner along with other co-
accused persons are alleged to have kidnapped the minor
daughter of informant, who is of unsound mind, for the purpose
of marriage and made obscene videos of victim and also
threatened to kill her.
Patna High Court CR. MISC. No.83067 of 2025(2) dt.05-01-2026
2/2
4. Learned counsel for the petitioner submitted that
the victim in her statement recorded under Section 183 of BNSS
has not stated anything wrong against this petitioner. Police
after thorough investigation submitted chargesheet in this case
on 04.07.2025 and found the case untrue against this petitioner.
5 . Learned counsel for the State opposed the bail.
6. Considering the statement of the victim recorded
under Section 183 BNSS, and other circumstances of the case ,
this anticipatory bail is allowed and it is ordered that the above
named petitioner in the event of his arrest/surrender before the
court below within a period of eight weeks from today, be
enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of learned Exclusive special Judge, POCSO Act,
Bettiah District- West Champaran in connection with Nautan P.
S. Case No. 304 of 2025 , subject to condition as laid down
under Section 482 ( 2 ) of BNSS 2023 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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