Anand Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7538 of 2026 Arising Out of PS. Case No.-74 Year-2025 Thana- KAJRAILI District- Bhagalpur ====================================================== Anand Kumar S/O Siyasram @ Siyas Ram @ Siyasharan Ram @ Shiya Sharam Ram @ Siya Sharan Ram R/O Village- Mandhban, Police StationBenipatti, District- Madhubani. ... ... Petitioner/s
Versus
1.
The State of Bihar Patna 2.
X S/O X R/O Mohalla- Simariya, Police Station- Kajraili, DistrictBhagalpur. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjeev Ranjan, Advocate For the Opposite Party/s :
Mr. Dr. Indiwar Kumari, APP For the O.P. No.2 :
Mr. Ayushi Choudhary, Advocate Mr. Md. Najmul Hooda, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER 18-04-2026 Heard learned counsel for the petitioner, learned counsel for the Opposite Party No.2 and learned APP for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Kajraili P.S. Case No. 74 of 2025 dated 04.08.2025 registered for the offences punishable under Section 96 of B.N.S. and later on Section 65(1) of B.N.S., Section 4/6 of POCSO Act and Section 9 of the Child Marriage Prohibition Act were added.
3. As per the prosecution case, the daughter of the informant aged about 15 years had gone to Mumbai to work
Patna High Court CR. MISC. No.7538 of 2026(4) dt.18-04-2026 2/3 with a woman of the same village three months ago. Thereafter, the victim's daughter met a boy there and fell in love with him. Thereafter, the victim came back from Mumbai on 22.07.2025, after coming home on 25.07.2025 at 04:00 P.M., the victim left her house without informing anybody with the present petitioner.
4. Learned counsel for the petitioner has submitted that the allegation as regards the kidnapping of the victim is palpably false, in view of her statement recorded under Section 183 B.N.S.S., wherein she has categorically stated that she took away the petitioner and the petitioner joined her company wilfully. Moreover, there is no element of enticing away or taking away as provided under Section 137(2) B.N.S., so as to constitute offence under Section 96 B.N.S. Learned counsel for the petitioner has further submitted that charge-sheet has been submitted in this case. It has further been submitted that there is no allegation of establishing physical relationship with the victim or of any physical assault and the victim is not of such tender age, so as to not understand the consequences. The petitioner is in custody since 13.08.2025 having clean antecedent.
5. Learned A.P.P. for the State and learned counsel for
Patna High Court CR. MISC. No.7538 of 2026(4) dt.18-04-2026 3/3 the Opposite Party No.2 have vehemently opposed the prayer for bail of the petitioner and have submitted that the victim was a minor on the date of occurrence.
6. Perused the records and considered the submission of the parties, the petitioner above-named is directed to be enlarged on bail on furnishing bail-bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bhagalpur in connection with Kajraili P.S. Case No. 74 of 2025.
7. The application stands allowed.
(Praveen Kumar, J) shivam/- U T