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Anish Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

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Patna HC
2025
Anish Kumar Vs The State of BiharAnish Kumar v. The State of Bihar

Allowed¶25

Anish Kumar v. The State of Bihar

Patna HC16 Jul 2025CR. MISC./21527/2025

Case brief

AI extract

What is this about?

Patna High Court CR. MISC. No.21527 of 2025(4), order dt.16-07-2025 by Justice Chandra Prakash Singh. Petitioner Anish Kumar s/o Milan Sinha @ Praveen Kumar Akhauri granted regular bail in Vishnupad P.S. Case No. 107 of 2024 dated 31.03.2024, District Gaya, under Section 366A read with Section 34 IPC (alleged kidnapping of informant's minor daughter on pretext of marriage). Opposite parties: State of Bihar and Rajan Lal Jhangar. Advocate Madhukar Anand for petitioner; APP Raj Kishor Singh for State. Charge-sheet filed; petitioner in custody since 24.04.2024; no criminal antecedents; victim's Section 164 Cr.P.C. statement records marriage at Vaishno Devi temple; medical report (Annexure-2) shows age about 18 years 6 months; State/informant opposed claiming victim a minor. Bail-bond Rs. 20,000/- with two sureties of like amount; application allowed.

What did the court decide?

Regular bail granted: petitioner to be enlarged on bail on furnishing bail-bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of the learned court concerned, Gaya, in connection with Vishnupad P.S. Case No. 107 of 2024.

Why is it important?

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner is directed to be enlarged on bail on furnishing bail-bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of the learned court concerned, Gaya, in connection with Vishnupad P.S. Case No. 107 of 2024. ¶21

What the court decided

AI extract

Outcome

Regular bail granted: petitioner to be enlarged on bail on furnishing bail-bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of the learned court concerned, Gaya, in connection with Vishnupad P.S. Case No. 107 of 2024.

Issue for consideration

Whether the petitioner, arraigned in Vishnupad P.S. Case No. 107 of 2024 for offences under Section 366A read with Section 34 IPC, should be granted regular bail. +1 more

Court's answer

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner is directed to be enlarged on bail on furnishing bail-bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of the learned court concerned, Gaya, in connection with Vishnupad P.S. Case No. 107 of 2024.

Ratio / Principle

The bail application stands allowed.

Detailed headnote1 paragraphs

BAIL — REGULAR BAIL GRANTED. Patna High Court (Chandra Prakash Singh, J.) enlarges the petitioner Anish Kumar on bail in Vishnupad P.S. Case No. 107 of 2024 dated 31.03.2024 (District Gaya), registered for offences punishable under Section 366A read with Section 34 IPC, the petitioner and co-accused being alleged to have kidnapped the informant's minor daughter on the pretext of marriage. Charge-sheet had been submitted; the petitioner, in custody since 24.04.2024 with no criminal antecedent, claimed a love affair with the victim; the medical report (Annexure-2, p.19) recorded her age as about 18 years 6 months, and per supplementary affidavit her Section 164 Cr.P.C. statement recorded marriage with the petitioner at the Vaishno Devi temple, while the APP for the State and counsel for the informant opposed bail contending the victim was a minor. Considering the facts, circumstances and period of custody, the Court enlarged the petitioner on a bail-bond of Rs. 20,000/- with two sureties of the like amount each; the application stands allowed.

A

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.21527 of 2025

Arising Out of PS. Case No.-107 Year-2024 Thana- VISHNUPAD District- Gaya

======================================================

Anish Kumar S/O Milan Sinha @ Praveen Kumar Akhauri R/O Nawagadhi, P.S- Vishnupad, Distt.- Gaya.

... ... Petitioner/s

Versus

The State of Bihar

Rajan Lal Jhangar S/O Anant Lal Jhangar R/O Mohalla- Chand Chaura, P.SVishnupad, Distt.- Gaya.

... ... Opposite Party/s

====================================================== Appearance :

For the Petitioner/s : Mr. Madhukar Anand, Adv. For the Opposite Party/s : Mr. Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

ORAL ORDER

4 16-07-2025

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in connection with Vishnupad P.S. Case No. 107 of 2024 dated 31.03.2024 registered for the offences punishable under Section 366A read with Section 34 of Indian Penal Code.

As per the prosecution case, the petitioner and the co-accused persons are alleged to have kidnapped the minor daughter of the informant on the pretext of marriage.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.21527 of 2025(4) dt.16-07-2025 2/3

this case. The charge-sheet has been submitted against the petitioner. It is further submitted that there is nothing on record which shows that the victim was forced/seduced to have illicit relationship with another person. There was love affair between the petitioner and the victim. Learned counsel for the petitioner has further submitted that as per the medical report, which is annexed as Annexure-2 at page-19, it is mentioned that the victim is aged about 18 years and 6 months. As per supplementary affidavit filed on behalf of the petitioner, the victim in her statement recorded under Section 164 of Cr.P.C., has stated that she solemnized marriage with the petitioner at the temple of Vaishno Devi. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 24.04.2024.

Learned A.P.P. for the State and learned counsel for the informant have opposed the bail petition of the petitioner and submitted that the victim is a minor girl.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court

Patna High Court CR. MISC. No.21527 of 2025(4) dt.16-07-2025 3/3

concerned, Gaya in connection with Vishnupad P.S. Case No.

107 of 2024.

The application stands allowed.

(Chandra Prakash Singh, J)

shivam/-

U T

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether the petitioner, arraigned in Vishnupad P.S. Case No. 107 of 2024 for offences under Section 366A read with Section 34 IPC, should be granted regular bail.¶15
The court held
Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner is directed to be enlarged on bail on furnishing bail-bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of the learned court concerned, Gaya, in connection with Vishnupad P.S. Case No. 107 of 2024.ratio¶21
2.
Whether the victim was a minor, the State and informant asserting minority while the medical report indicated an age of about 18 years and 6 months.medium confidence¶20

Statutes considered

3 provisions across 2 enactments

AI extract

Indian Penal Code366A¶15 34¶15
Cr.P.C.164¶19

Procedural history

How this case reached the court

AI extract

Prior proceeding
FIR registered as Vishnupad P.S. Case No. 107 of 2024 dated 31.03.2024 for offences punishable under Section 366A read with Section 34 of the Indian Penal Code.¶15
Prior proceeding
Prosecution case: the petitioner and co-accused persons are alleged to have kidnapped the minor daughter of the informant on the pretext of marriage.¶16
Prior proceeding
Charge-sheet submitted against the petitioner.¶19
Prior proceeding
Per supplementary affidavit, the victim in her statement recorded under Section 164 Cr.P.C. stated that she solemnized marriage with the petitioner at the temple of Vaishno Devi.¶19
Prior proceeding
Medical report annexed as Annexure-2 at page-19 records the victim's age as about 18 years and 6 months.¶19
Prior proceeding
Petitioner in custody since 24.04.2024; no criminal antecedent stated in para 3 of the bail petition.¶19

Parties & counsel

AI extract

petitioner
Anish Kumar S/O Milan Sinha @ Praveen Kumar Akhauri¶4
Madhukar Anand
respondent
The State of Bihar¶7
Raj Kishor Singh
respondent
Rajan Lal Jhangar S/O Anant Lal Jhangar¶8

Coram

AI extract

Chandra Prakash Singhauthor¶11

Case details

As recorded by the court registry

Court: Patna HC
Decided on: 16 Jul 2025 · July
Registered: 28 Mar 2025
Case no.: CR. MISC./21527/2025
CNR: BRHC010179022025
Bench: Chandra Prakash Singh
Disposal: BAIL GRANTED
Case type: CRIMINAL MISCELLANEOUS

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Cite this judgement

Anish Kumar v. The State of Bihar, CR. MISC./21527/2025 (PAT), decided on 16 July 2025.

The Patna High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes3

Indian Penal Code366A · 34
Cr.P.C.164

View all statutes

Procedural history6

FIR registered as Vishnupad P.S. Case No. 107 of 2024 dated 31.03.2024 for offences punishable under Section 366A read with Section 34 of the Indian Penal Code.
Prosecution case: the petitioner and co-accused persons are alleged to have kidnapped the minor daughter of the informant on the pretext of marriage.

View full history

Bench / Coram

Chandra Prakash Singh

Parties & counsel