Patna High Court
Aadesh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The Court allowed the petitioner's application for anticipatory bail.
Summary
The petitioner, Aadesh Kumar, sought anticipatory bail fearing arrest in a kidnapping case (Morkahi P.S. Case No. 67 of 2025) filed under Sections 87, 351(2), 351(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that he kidnapped the victim girl, while the petitioner claimed innocence, highlighted a nine‑day delay in lodging the FIR, and asserted that he had married the victim with her consent. The State opposed the bail application. The Court examined the facts, the delay, and the petitioner's claim of marriage, and considered the provisions of Section 482(2) of the BNSS. It concluded that anticipatory bail was appropriate and ordered its grant subject to bond and surety conditions. Consequently, the petitioner was released on anticipatory bail if arrested or surrendered within four weeks.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nyaya Sanhita, 2023.
- Whether the delay in filing the FIR and the alleged marriage to the victim affect the merits of the kidnapping charge.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 3(5), 351(2), 351(3), 482(2), 87
Subjects
- anticipatory bail
- kidnapping
- Bharatiya Nyaya Sanhita
- Section 482(2)
- delay in FIR
- marriage to victim
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88688 of 2025
Arising Out of PS. Case No.-67 Year-2025 Thana- MORKAHI District- Khagaria
======================================================
Aadesh Kumar S/o- Mangal Sada R/v- Tingachhiya Ps- Morkahi Dist-
Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mritunjay Kumar
For the Opposite Party/s : Mr. Jitendra Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 15-01-2026 Heard the learned counsel for the petitioner and
learned counsel for the State.
2. The petitioner apprehends arrest in connection with
Morkahi P.S. Case No. 67 of 2025 registered for offences under
Sections 87, 351(2), 351(3) and 3(5) of the Bharatiya Nyaya
Sanhita, 2023.
3. As per the prosecution case, the petitioner is
accused of kidnapping the victim girl.
4. Learned counsel for the petitioner submits that
petitioner is quite innocent and has not committed any offence.
There is a delay of nine days in lodging the FIR. He further
submits that from the perusal of the impugned order, it appears
that the petitioner has got married to the victim as per the wishes
of the victim.
Patna High Court CR. MISC. No.88688 of 2025(2) dt.15-01-2026
2/2
5. Learned APP for the State has vehemently opposed
the prayer for bail.
6. Considering the aforesaid facts and circumstances
of the case, this application for anticipatory bail stands allowed.
7. Accordingly, let the petitioner, above-named, in the
event of arrest or surrender within four weeks from today in the
Court below, be released on anticipatory bail on furnishing bail
bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of
the like amount each to the satisfaction of learned A.C.J.M.,
Khagaria/concerned Court below in connection with Morkahi
P.S. Case No. 67 of 2025 subject to the conditions as laid down
under Section 482(2) of the BNSS.
(Sandeep Kumar, J)
Shishir/-
U T
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