Aman Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Aman Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted: release in the event of arrest or surrender before the court below within four weeks on bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of C.J.M., Motihari, E. Champaran, in connection with Kesariya P.S. Case No. 267 of 2024, subject to conditions under Section 482(2) of the B.N.S.S. 2023.

Issue for consideration

Whether the petitioner, apprehending arrest in Kesariya P.S. Case No. 267 of 2024 registered under Sections 96 and 3(5) of the B.N.S. 2023, is entitled to anticipatory bail.

Court's answer

Having regard to the submissions of the parties and taking into consideration the victim girl's statement recorded under Section 164 Cr.P.C., the Court was inclined to grant anticipatory bail to the petitioner.

Ratio / Principle

The petitioner was directed to be released on anticipatory bail in the event of arrest or surrender before the court below within four weeks, on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the C.J.M., Motihari, E. Champaran, subject to the conditions under Section 482(2) of the B.N.S.S. 2023.

Detailed headnote1 paragraphs

Anticipatory bail granted. Petitioner apprehended arrest in Kesariya P.S. Case No. 267 of 2024 (dated 17.08.2024), registered under Sections 96, 3(5) of the B.N.S. 2023, arising from the disappearance of the informant's daughter, stated to be about 16 years old and missing since 29.07.2024, who was alleged to have been in contact with the petitioner and one Dilkhush Kumar. The victim was recovered; in her statement under Section 164 Cr.P.C. she stated that no one had kidnapped or abducted her, that she had willingly left her house and married the petitioner after a 2-3 year relationship, and she disclosed her age before the learned Magistrate as 18 years. Taking into consideration that statement, the Court granted anticipatory bail: release in the event of arrest or surrender before the court below within four weeks on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the C.J.M., Motihari, E. Champaran, subject to the conditions laid down under Section 482(2) of the B.N.S.S. 2023.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.36993 of 2025

Arising Out of PS. Case No.-267 Year-2024 Thana- KESARIA District- East Champaran

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

AMAN KUMAR S/O DINESH SAHNI R/O VILLAGE-RAJPUR TOLA, GANESHPUR, PS- KESARIYA, DISTRICT- EAST CHAMPARAN

... ... Petitioner/s

Versus

The State of Bihar BIHAR

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Manjeet Kumar Mishra For the Opposite Party/s : Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

2 25-06-2025 1. Heard the parties.

The petitioner apprehends his arrest in connection with Kesariya P.S. Case No. 267 of 2024 dated 17.08.2024 registered under Section 96, 3(5) of the B.N.S. 2023.

As per the first information report the daughter of the informant, aged about 16 years, was missing since 29.07.2024. It is alleged that she used to talk to the petitioner and Dilkhush Kumar and they were seen talking several times.

Learned counsel for the petitioner submits that petitioner has not committed any offence in the manner alleged and he has been implicated in this case on the ground that the victim girl wanted to marry the petitioner but this was being opposed by her family members. The victim girl has been recovered and her statement was recorded under section 164 Cr.P.C. in which she

Patna High Court CR. MISC. No.36993 of 2025(2) dt.25-06-2025 2/2

has voluntarily said that no one had kidnapped / abducted her and she had willingly left her house and has performed marriage with the petitioner. She was in love relation with the petitioner for the last 2-3 years. The victim girl has disclosed her age before the learned Magistrate at the time of recording of her statement under Section 164 Cr.P.C. as 18 years.

Regard being had to the submission made by the parties and taking into consideration the statement of the victim girl recorded under Section 164 Cr.P.C., I am inclined to grant anticipatory bail to the petitioner.

Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Motihari, E. Champaran in connection with Kesariya P.S. Case No. 267 of 2024 subject to the condition as laid down under Section 482 (2) of the B.N.S.S. 2023.

(Anil Kumar Sinha, J)

praful/- U T