Patna High Court
Bablu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANIL KUMAR SINHA
Holding
Anticipatory bail was denied as the petitioner was alleged to be involved in the kidnapping of a minor.
Summary
The petitioner, Bablu Kumar, applied for anticipatory bail in a case alleging his involvement in the kidnapping of a 17‑year‑old girl. The prosecution alleged that the girl was abducted on 15 February 2025 with the intent of marriage, and that the petitioner, along with his brother Deepak Kumar and others, participated in the kidnapping. The petitioner claimed innocence, asserting that the girl left home voluntarily and that the FIR contained only vague, omnibus allegations against him, alleging malicious intent behind the complaint. The court examined the seriousness of the alleged kidnapping of a minor and the lack of any specific exonerating evidence for the petitioner. Considering the gravity of the offence and the risk to the minor, the court declined to grant anticipatory bail. Consequently, the petition for anticipatory bail was rejected.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in a kidnapping case involving a minor under Sections 137(2), 96, and 3(5) of the BNS, 2023
Subjects
- anticipatory bail
- kidnapping
- minor
- malicious prosecution
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87360 of 2025
Arising Out of PS. Case No.-20 Year-2025 Thana- KORMA District- Sheikhpura
======================================================
Bablu Kumar S/O Surendra Paswan R/O Vill.- Chandey, P.S.- Korma, Dist.-
Sheikhpura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar
For the Opposite Party/s : Mr. Anant Kumar 1
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
4 19-03-2026 1. Heard learned Counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail,
arises out of Korma Police Station Case No. 20 of 2025,
disclosing offences under Sections 137(2), 96, 3(5) of the BNS,
2023.
3. As per the prosecution case, on 15.02.2025 at
about 7:00 PM, the informant’s 17-year-old daughter, Savita
Kumari, went to the fields and was allegedly abducted by
several accused persons who lured her with the intention of
marriage. Despite efforts, she could not be traced and her
mobile phone was found switched off. The informant fears that
the accused may cause harm to his daughter.
4. Learned Counsel for the petitioner submits that
the petitioner is innocent and has falsely been implicated in the
present case due to ulterior motives. He next submits that
petitioner has no connection with the alleged occurrence and he
Patna High Court CR. MISC. No.87360 of 2025(4) dt.19-03-2026
2/2
is merely the brother of co-accused Deepak Kumar. The
petitioner asserts that the informant’s daughter had voluntarily
left her home owing to a consensual relationship with the said
co-accused Deepak Kumar. It is further submitted that the FIR
discloses only general and omnibus allegations against the
petitioner without any specific role attributed to him. Petitioner
denies having any knowledge regarding the whereabouts of the
co-accused and the informant’s daughter. He further submits
that the case has been lodged maliciously with the intent to
harass and exert pressure upon the petitioner.
5. Having regard to the submissions made on
behalf of the parties and taking into consideration the fact that
minor girl has been kidnapped, there is allegation against the
petitioner that he along with Deepak Kumar and others
kidnapped the minor daughter of the informant and the girl has
not yet been recovered, I am not inclined to grant the petitioner
privilege of anticipatory bail.
6. This application is, accordingly, rejected.
(Anil Kumar Sinha, J)
HarshPandey/-
U T
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