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Patna High Court

Aadesh KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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