Ajay Kumar v. The State of Bihar

Patna HC15 Jan 2026CR. MISC./79359/2025

Case brief

AI extract

What is this about?

Anticipatory bail granted; kidnapping-on-pretext-of-marriage allegation; Sections 96, 137(2), 65(1) Bhartiya Nyaya Sanhita; Section 4 POCSO Act; Sections 180 and 183 BNSS victim statement; Section 482 Bhartiya Nagrik Suraksha Sanhita 2023 conditions; Nawalpur P.S. Case No. 81 of 2025; Bhairoganj; West Champaran; Bettiah; bail-bond Rs. 10,000 with two like sureties; arrest/surrender window of eight weeks; Patna High Court Cr. Misc. No. 79359 of 2025; decided 15-01-2026 by Prabhat Kumar Singh, J.

What did the court decide?

Anticipatory bail granted: petitioner, if arrested or surrendering within eight weeks, to be enlarged on bail on bail-bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned J.M., West Champaran, Bettiah, in Nawalpur P.S. Case No. 81 of 2025, subject to Section 482 BNSS conditions.

Ajay Kumar Vs The State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, apprehending arrest in Nawalpur P.S. Case No. 81 of 2025 registered for offences under Sections 96, 137(2), 65(1) of the Bhartiya Nyaya Sanhita and Section 4 of the POCSO Act, is entitled to anticipatory bail.

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Court's answer

Taking into account the victim's statement recorded under Sections 180 and 183 of the BNSS and other facts and circumstances of the case, the prayer for anticipatory bail of the petitioner is allowed.

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Ratio / Principle

In the event of arrest/surrender within eight weeks, the petitioner is to be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned J.M., West Champaran, Bettiah, subject to the conditions laid down under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.

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Detailed headnote1 paragraphs

Anticipatory bail — Patna High Court allowed the prayer of a petitioner apprehending arrest in Nawalpur P.S. Case No. 81 of 2025 (District West Champaran), registered for offences under Sections 96, 137(2), 65(1) of the Bhartiya Nyaya Sanhita and Section 4 of the POCSO Act, on allegations that he lured the informant's daughter away on the pretext of marriage. Decisive factor was the victim's statement recorded under Sections 180 and 183 of the BNSS denying kidnapping and stating that she went voluntarily with the petitioner to Muzaffarpur, resided in a rented house and solemnized marriage with him in Chandisthan Mandir. Direction: petitioner, in the event of arrest/surrender within eight weeks, to be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned J.M., West Champaran, Bettiah, subject to the conditions under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.79359 of 2025

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Arising Out of PS. Case No.-81 Year-2025 Thana- Nawalpur District- West Champaran

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Ajay Kumar, Son of Late Chhotelal Sah R/o Village - Bansgaon, P.S. - Bhairoganj, District - West Champaran.

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... ... Petitioner/s

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Versus

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The State of Bihar

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X Wife of Kamlesh Sah, R/o Village - Nimuiya ward no. 6, P.S. - Nawalpur, District - West Champaran.

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... ... Opposite Party/s

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Appearance :

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For the Petitioner/s : For the Opposite Party/s :

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Mr. Sarvesh Kashyap, Advocate Mr. Damodar Prasad Tiwary, APP

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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2 15-01-2026

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Heard learned counsel for the petitioner and the learned A.P.P. for the State.

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The petitioner apprehend his arrest in a case registered for the offence under Sections 96, 137(2), 65(1) of the Bhartiya Nyaya Sanhita and Section 4 of POCSO Act.

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Informant namely Lakshmina Devi alleges that her daughter was lured to run away by the petitioner on the pretext of marriage. Later, informant received a call from someone asking her to reach Bhairoganj thana as her daughter was there but there was no trace of her daughter when informant reached thana.

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Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. As a matter of fact, there was lover affair between the petitioner and the victim. The victim on her own volition went with the petitioner and solemnized marriage with him. The victim in her statement

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Patna High Court CR. MISC. No.79359 of 2025(2) dt.15-01-2026 2/2

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recorded under Sections 180 and 183 of the BNSS has denied the factum of kidnapping. She stated that she herself went along with the petitioner to Muzaffarpur and resided in a rented house and solemnized marriage with him in Chandisthan Mandir.

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Learned A.P.P. for the State opposed the bail petition of the petitioner.

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Considering the statement of the victim recorded under Sections 180 and 183 of the BNSS and other facts and circumstances of the case, the prayer for anticipatory bail of petitioner is allowed. Let the above named petitioner, in the event of his arrest/surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M., West Champaran, Bettiah, in connection with Nawalpur P.S. Case No. 81 of 2025, subject to condition as laid down under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.

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(Prabhat Kumar Singh, J)

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khushbu/-

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U T

Ajay Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Ajay Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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