Amarjeet Kishan Kashyap @ Amarjeet v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16993 of 2026 Arising Out of PS. Case No.-391 Year-2025 Thana- NOKHA District- Rohtas ====================================================== Amarjeet Kishan Kashyap @ Amarjeet S/O Late Ram Kishun Kashyap Resident of B. 31/41 M. L. - 10 Bhogvir Sankat Mochan Durgakund ,P.SLanka Varanasi Hindu Vishwa Vidyalaya, District- Varanasi UP ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhanesh Shankar Vidyarthi For the Opposite Party/s :
Mr. Mohammad Sufyan- A.P.P.
Mr. Rang Nath Pandey Mr. Debesh Kumar Poddar Mr. Vivekanand Vivek ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-07-2026
1. Heard learned counsel for the petitioner, the learned counsel appearing on behalf of the informant and learned APP for the State.
2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 64 and 351(2) of the B.N.S.
3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that while she was travelling by train when she met an unknown person that is petitioner, who assured her of getting her a government job, the informant
2/4 being convinced gave all her documents including Aadhar Card to the petitioner and thereafter the petitioner asked her to come to Patel Marriage Hall for giving her DNA Test. Accordingly, the informant went to Patel Marriage Hall where petitioner forcefully established sexual relation and thereafter started blackmailing and sexually exploiting her and threatened that he will make her video and photograph viral.
4. The learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is next submitted that no doubt, petitioner and the informant were known to each other and the petitioner fell in love with the informant, but then was not aware that informant was married from before and had also instituted a case against her husband and his family members and when the said fact came to the fore, the petitioner started distancing himself when the present false case came to be instituted. It is also submitted that if privilege of anticipatory bail is granted, the petitioner will not abscond rather will cooperate in the investigation to prove his innocence.
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5. The learned A.P.P. submits after perusing the case diary that process under Section 82 Cr.P.C. has been issued, on which the learned counsel appearing on behalf of the petitioner submits that a law is clear with regard to issuance of process under Section 82 Cr.P.C, it is submitted that process under Section 82 Cr.P.C. is issued not to aid the police in investigation but to ensure presence of the accused before the Court. It is also submitted that it was only when police started knocking the doors of the petitioner that petitioner came to know about the institution of the instant case.
6. The learned A.P.P. and the learned counsel appearing on behalf of the informant are not in a position to rebut the submission of the learned counsel appearing on behalf of the petitioner that informant is married from before and has also instituted a case against her husband and his family members.
7. After hearing the learned counsel for the parties and taking into consideration the fact that petitioner is a person with clean antecedent and informant is a married lady, the petitioner, above-named, in the event of his arrest
4/4 or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Trial Court where the case is pending/successor Court in connection with Nokha P. S. Case No.391 of 2025, subject to the conditions laid down under Section 482(2) of the B.N.S.S.
8. The application stands allowed.
(Satyavrat Verma, J) vikash/- U T