2025 INSC 810 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. __ __ OF 2025 (Arising out of SLP(Crl.) No.5392 of 2024)

AMLESH KUMAR … APPELLANT(S)

Versus THE STATE OF BIHAR … RESPONDENT(S)

J U D G M E N T

Sanjay Karol, J.

Leave Granted.

2. The present Appeal arises from the impugned Order dated 9^th November 2023 passed in Criminal Miscellaneous No.71293 of Signature Not Verified Digitally signed by RADHA SHARMA Date: 2025.06.09 2023 by the High Court of Judicature at Patna, whereby the Court Reason:

Mahua, that she would conduct narco-analysis test of all the accused persons (including the Appellant herein) and other witnesses, during the investigation.

3. Aggrieved thereof, the Appellant is before us. The significant ground of challenge taken is that the acceptance of such a submission by the High Court is in direct contravention of the exposition of law laid down by this Court in Selvi and Ors. v. State of Karnataka, [(2010) 7 SCC 263.], wherein it was observed that forceful subjection of an individual to techniques, such as the narco-analysis test, violates personal liberty enshrined under Article 21 of the Constitution of India.

4. The brief facts giving rise to the Appeal at hand are as follows:

4.1. On 24^th August 2022, FIR No.545 of 2022 was registered at P.S. Mahua under Sections 341, 342, 323, 363, 364, 498(A), 504, 506 and 34 of the Indian Penal Code, 1860, [accepted the submission of the Sub-Divisional Police Officer,] against the Appellant (husband) and his family. It was stated by the complainant therein that her sister got married to the Appellant on 11^th December 2020, and

2 Hereinafter ‘IPC’.

thereafter, the accused persons had been making repeated demands for dowry and beating her. On 22^nd August 2022, she received a call from the Appellant, informing that her sister had run away from the matrimonial home. Despite searching, she is unable to locate her sister and suspects foul play by the accused persons (including the Appellant).

4.2. The case of the Appellant is that on 21^st August 2022, while en route to Ayodhya, his wife got off the bus at Baabali Chawk for nature’s call but never returned. He filed a complaint before P.S. Jahangir Ganj, recorded as GD No. 038, on 28^th August 2022.

4.3. The admitted position is that the missing person (wife) has not been found to date. The mother, father and brothers of the Appellant have been granted bail by the High Court of Judicature at Patna.

4.4. The Appellant's prayer for regular bail came to be rejected vide Order dated 1^st August 2023 passed by the Sessions Judge, Vaishali at Hajipur in B.P.No.1141 of 2023. The Court was not inclined to grant bail on the basis of the allegations made in the FIR, as well as the confessional statements of the co-accused, who stated that they had thrown the missing person in the river Saryu on the intervening night of the 21^st and 22^nd August 2022.

4.5. Dissatisfied with the Order of the Sessions Judge, the Appellant approached the High Court of Judicature at Patna for grant of a regular bail vide Crl. Misc. No.71293 of 2023. Vide the impugned interim Order, the High Court accepted the submission of the Sub-Divisional Police Officer, Mahua, that she will conduct a narco-analysis test of all the accused persons and posted the case for hearing on 12^th July 2024. The relevant portion thereof is extracted below, for ready reference :

“2. Pursuant to the order dated 07.11.2023, the SubDivisional Police Officer, Mahua and the S.H.O. Mahua are present in the court.

3. The S.D.P.O. Mahua, assures this court that she will take further steps in the investigation to find out details about the missing woman and for that she has further submitted that she will get narco test of all the accused persons and other witnesses, if required in the investigation. 4. List this case on 12.07.2024.

5. On the next date of hearing, the investigation report shall be produced by the learned APP.”

(Emphasis supplied)

4.6. Aggrieved the