Patna High Court

Ashish KumarversusThe State of Bihar

Decided: 17 March 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was granted to the petitioner subject to bond and surety conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Summary

The petitioner, Ashish Kumar, sought anticipatory bail after an FIR was lodged under Sections 137(2) and 140(3) of the Bharatiya Nyaya Sanhita concerning the disappearance of a 15‑year‑old girl, the informant’s daughter. The girl’s statement recorded under Section 183 of the Bharatiya Nyaya Sanhita indicated she had left home voluntarily to be with the petitioner and made no allegation of wrongdoing against him. The petitioner’s counsel argued that he was not named in the FIR, had a clean antecedent, and the victim’s statement negated any criminal liability. The informant’s counsel opposed the bail application. Relying on the victim’s statement and the provisions of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, the court granted anticipatory bail subject to a bond and surety conditions.

Issues considered

Whether anticipatory bail should be granted to the petitioner despite the FIR under Sections 137(2) and 140(3) of the Bharatiya Nyaya Sanhita.
Whether the victim’s statement under Section 183 BNSS negates the prosecution’s case against the petitioner.
Whether the court can invoke Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita to conditionally release the petitioner on bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
Bharatiya Nyaya Sanhita — s. 137(2), 140(3), 183

Subjects

anticipatory bail
Bharatiya Nyaya Sanhita
Bharatiya Nagarik Suraksha Sanhita
Section 137
Section 140
Section 183
Section 482
missing minor
victim statement
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84690 of 2025
                   Arising Out of PS. Case No.-237 Year-2025 Thana- UCHKAGAON District- Gopalganj
                 ======================================================
                 Ashish Kumar S/O Om Prakash Jaiswal @ Om Prakash Sah R/O Village-
                 Nawada Parsauni, P.S.- Uchakagaon, District- Gopalganj.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Javed Aslam, Advocate
                 For the Opposite Party/s :      Mr. Ashok Kumar Singh, A.P.P.
                 For the Informant        :      Mr. Adesh Raj, Mr. Nand Kishor Patel, Advocates
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

5   17-03-2026                   Heard learned counsels for the petitioner, informant

                   and learned A.P.P. for the State.

                                2. Petitioner apprehends arrest in a case registered for

                   the offences punishable under Sections 137(2), 140(3) of the

                   Bharatiya Nyaya Sanhita.

                                3. As per F.I.R., on 21.06.2025 at about 3 AM,

                   daughter of the informant, aged 15 years, went missing from the

                   house. On search, no trace of her was found.

                                4. Learned counsel appearing for the petitioner

                   submits that petitioner is not named in the F.I.R.. Victim in her

                   statement, recorded under Section 183 BNSS has denied the

                   prosecution case and has categorically stated that she was in

                   love with this petitioner and wanted to marry him but her
              Patna High Court CR. MISC. No.84690 of 2025(5) dt.17-03-2026
                                                          2/2




                        parents were trying to solemnize her marriage with an aged

                        person against her will so she herself left the house and went to

                        Gujarat with one Manu Kumar where she lived for six days.

                        Victim has not alleged any wrong against the petitioner.

                        Petitioner claims clean antecedent.

                                     5. Learned counsel for the informant vehemently

                        opposed the bail application.

                                     6. Considering statement of the victim recorded under

                        Section 183 BNSS, 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 Additional Chief Judicial

                        Magistrate I, Gopalganj in connection with Uchakagaon P. S.

                        Case No. 237 of 2025, subject to condition as laid down under

                        Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T

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