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2026 Supreme(Online)(Pat) 3870

PATNA HIGH COURT
Prabhat Kumar Singh, J
Nitish Kumar – Appellant
Versus
The State of Bihar – Respondent
CRIMINAL MISCELLANEOUS No.4951 of 2026



Advocates:
For the Appellants/Petitioners: Mr. Onkar Nath
For the Respondents: Mr. Rajesh Kumar, APP

Anticipatory bail granted based on the victim's statement of voluntary departure and clean antecedents of the accused.

Headnote:The case concerns anticipatory bail under Section 366A of the Indian Penal Code. The petitioner alleges false accusation of kidnapping against the backdrop of a minor's disappearance. Victim's statement indicated she left voluntarily. Court grants bail based on clean antecedents and parity with a co-accused. The primary issue centered on the legitimacy of the kidnapping claim. The court determined that the evidence favored bail, leading to approval for the petitioner under specified conditions.

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

2 11-02-2026 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 366A of the Indian Penal Code .

3. The prosecution case, in brief, is that on 20.05.2024 at about 10 AM, minor daughter of informant aged about 15 years went to purchase some household articles but did not return. On search, informant came to know that all the F.I.R. named accused persons, including this petitioner, have kidnapped her minor daughter for the purpose of marriage.

4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. As a matter of fact, both parties are co- villagers and due to petty dispute, this false and concocted case has been lodged. It is further submitted that during investigation, the victim was recovered and her statement was recorded under Section 183 of the B.N.S.S. wherein she has denied the factum of kidnapping and has categorically stated that she herself left her house and went to her uncle at Delhi to continue her studies. It is further submitted that co-accused Sanjita Devi, having similar and identical allegations, has already been granted the privilege of anticipatory bail by this Hon’ble Court vide order dated 02.07.2025 passed in Cr. Misc.

No. 19915 of 2025. Petitioner claims clean antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.

6. Considering the facts and circumstances of the case, statement of victim recorded under Section 183 of the B.N.S.S., claim based on parity and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-1, Manjaul (Begusarai) in connection with Cheriya Bariyarpur P.S. Case No. 100 of 2024, subject to condition as laid down under Section 482(2) of the B.N.S.S..

(Prabhat Kumar Singh, J)

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