Created by Fuzzy Cloud

Patna High Court

Satyam Kumar JhaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court is inclined to grant anticipatory bail to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

The petitioner, Satyam Kumar Jha, sought anticipatory bail in a case (Barhara P.S. Case No. 182 of 2025) alleging his involvement in the alleged abduction of a woman’s daughter under several sections of the Bharatiya Nagarik Suraksha Sanhita, 2023. The prosecution claimed the petitioner and others forcibly took the victim’s daughter away in a vehicle. The petitioner contended he has a clean record and that the allegations are fabricated, noting that the victim’s statement under Section 183 of the same Act disclosed a consensual relationship with the petitioner, denial of any kidnapping, and that they later married and reside in Punjab. The court observed that the victim’s statement negated the kidnapping allegation and that material presented to prove the petitioner’s minority was irrelevant. Consequently, the court exercised its power under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, to grant anticipatory bail with specified bond and surety conditions.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner despite the serious charges under Sections 137(2), 126(2), 329(3), 303(2), 351(2), 96, 3(5) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
  • Whether the victim’s statement under Section 183 of the Act negates the prosecution’s kidnapping allegation.

Legislation cited

Subjects

  • anticipatory bail
  • kidnapping allegation
  • false complaint
  • victim statement
  • Section 183
  • Section 482
  • Bharatiya Nagarik Suraksha Sanhita
  • criminal procedure

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.91420 of 2025
                   Arising Out of PS. Case No.-182 Year-2025 Thana- BARHARA KOTHI District- Purnia
                 ======================================================
                 Satyam Kumar Jha S/o Sona Jha R/o Village- Ward No.2, Bela-Saddik,
                 Kumar Khand, P.S- Madhepura, Dist- Madhepura.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner     :        Mr. Ajit Kumar Singh, Advocate
                 For the Opposite Party :        Dr. Indiwar Kumari, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

2   15-01-2026                   Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                               2. The petitioner apprehend his arrest in connection

                   with Barhara P.S. Case No. 182 of 2025, registered for the

                   offence punishable under Sections 137(2), 126(2), 329(3),

                   303(2), 351(2), 96, 3(5) of the BNS, 2023.

                               3. The case of the prosecution, in short, as per the

                   informant, is that on 17.08.2025 at about 7:00 A.M., accused

                   persons including the petitioner all of a sudden entered into her

                   courtyard and abducted her daughter and took her daughter on

                   Scorpio and fled away.

                               4. Learned counsel for the petitioner submits that the

                   petitioner is a person with clean antecedent. The entire

                   prosecution story is false, fabricated and concocted. Learned
Patna High Court CR. MISC. No.91420 of 2025(2) dt.15-01-2026
                                            2/3




          counsel for the petitioner submits that there is no manner of

          occurrence as alleged has ever taken place. It is further

          submitted that victim in her 183 BNSS statement has very

          candidly accepted that she and petitioner were in love with each

          for the last two years and the family members were aware about

          the same.

                       5. Learned A.P.P. for the State opposes the prayer of

          anticipatory bail.

                       6. In the impugned order passed by the court below it

          has been taken note of the fact that in the statement of the victim

          under Section 183 of BNSS, she has admitted and disclosed that

          she was knowing the petitioner for last two years and both of

          them were in love with each other and that she was not

          kidnapped by the petitioner but she went with him on her own

          accord and will and married the petitioner whereafter the victim

          as well as the petitioner started staying in Punjab. The victim

          has, therefore, flatly denied that she was ever abducted or

          kidnapped by the petitioner. In order to establish that the

          petitioner was minor, no matriculation certificate issued by the

          Bihar School Examination Board was also brought and other

          materials were taken into account which were not relevant.

          Under these circumstances, this Court is inclined to grant
          Patna High Court CR. MISC. No.91420 of 2025(2) dt.15-01-2026
                                                      3/3




                    privilege of anticipatory bail to the petitioner.

                                 7. Let the petitioner, named above, in the event of his

                    arrest or surrender before the Court below within four weeks

                    from today, be released on bail on furnishing bail bond of

                    Rs.25,000/- (Rupees Twenty-Five Thousand) each with two

                    sureties of the like amount each to the satisfaction of the learned

                    Chief Judicial Magistrate, I/C, Purnea in connection with

                    Barhara P.S. Case No. 182 of 2025, subject to the conditions

                    laid down under section 482(2) of the Bharatiya Nagarik

                    Suraksha Sanhita, 2023.



                                             (Alok Kumar Sinha, J)
Gaurav Sinha/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.