Patna High Court
Satyam Kumar JhaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 126(2), 137(2), 183, 303(2), 329(3), 3(5), 351(2), 482(2), 96
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
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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
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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
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