Patna High Court
Sachin KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioners.
Summary
The petitioners, Sachin Kumar and Rajlakshmi Kumari, were implicated in a case arising from a missing teenage girl who was alleged to have been with Abhay Kumar and Shankar Kumar, the latter being the petitioners' son and brother respectively. The FIR under Sections 96, 137(2), 351(2), 352 and 3(5) of the Bhartiya Nyaya Sanhita alleged that the petitioners abused the informant when he visited their house. The petitioners argued that the allegations were false, that the victim, a 13‑year‑old, later reappeared and gave a statement under Section 183 of the Bhartiya Nagrik Suraksha Sanhita that did not support the prosecution’s version, and that they were only involved in verbal abuse. The court, after considering the submissions and the lack of substantive evidence against the petitioners, granted them anticipatory bail. The bail was conditioned on furnishing a bond of Rs.10,000 with two sureties and compliance with Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita.
Issues considered
- Whether the petitioners are liable to be arrested in connection with the offences alleged in the FIR
- Whether the circumstances warrant the grant of anticipatory bail under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 183, 482(2)
- Bhartiya Nyaya Sanhita — s. 137(2), 3(5), 351(2), 352, 96
Subjects
- anticipatory bail
- false implication
- minor victim
- Section 96
- Section 137(2)
- Section 351(2)
- Section 352
- Section 3(5)
- Section 183
- Section 482(2)
- bail jurisprudence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9412 of 2026
Arising Out of PS. Case No.-204 Year-2025 Thana- BIND District- Nalanda
======================================================
1. Sachin Kumar Son of Arvind Kumar @ Arvind Mistri R/o - Upraura, P.S -
Bihar, District - Nalanda.
2. Rajlakshmi Kumari W/o Arvind Kumar @ Arvind Mistri R/o Village -
Upraura, P.S. - Bihar, Dist. - Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arun Kumar
For the Opposite Party/s : Mr. Chandra Sen Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 12-03-2026 1. Heard learned Counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out
of Bind Police Station Case No. 204 of 2025, dated
24.10.2025, disclosing offences under Sections
96/137(2)/351(2)/352/3(5) of the Bhartiya Nyaya Sanhita.
3. The prosecution case, as per the First Information Report,
is that on 22.10.2025 the daughter of the informant left
her home to visit her aunt’s house at Biharsharif, but did
not reach there. Upon search, the informant came to know
that she was going on a motorcycle with one Abhay
Kumar and Shankar Kumar son of Arvind Mistry. When
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the informant went to the house of Arvind Mistry, the
petitioners started abusing him.
4. Learned counsel for the petitioners submits that the
petitioners have falsely been implicated in the present
case merely on the basis of the fact and that they happen
to be the brother and mother of the co-accused Shankar
Kumar with whom the victim girl was having love
relationship. He next submits that the age of victim girl
was declared about 13 years, but she refused to undergo
medical test. He further submits that the victim girl
reappeared on her own before the police on 10.11.2025
and her statement under Section 183 of the Bhartiya
Nagrik Suraksha Sanhita, 2023. was recorded in which
she has not supported the prosecution story. However,
allegation against the petitioners is that they only abused
the informant when he visited their house.
5. Having regard to the submissions made on behalf of the
parties and taking into consideration the allegation made
against the petitioners, I am inclined to grant the
petitioners privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioners, above named, in the event of their
Patna High Court CR. MISC. No.9412 of 2026(2) dt.12-03-2026
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arrest or surrender before the Court below within four
weeks, be released on bail on furnishing bail bond of Rs.
10,000/- (Ten Thousand) each with two sureties of the
like amount each to the satisfaction of learned Judicial
Magistrate Fist Class-XIII, Nalanda at Biharsharif, in
connection with Bind Police Station Case No. 204 of
2025, subject to the condition laid down under Section
482 (2) of the Bhartiya Nagrik Suraksha Sanhita, 2023.
(Anil Kumar Sinha, J)
ashwani/-
U T
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