Patna High Court
Kundan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was granted to the petitioner.
Summary
Kundan Kumar sought anticipatory bail after learning that he might be arrested in a kidnapping case (Malahi P.S. Case No. 363 of 2025) under Sections 137(2) and 87 of the Bharatiya Nyaya Sanhita, 2023 and Sections 8 and 12 of the POCSO Act. The prosecution alleged that he kidnapped a minor girl, while the petitioner contended that the girl had voluntarily eloped with him, as reflected in her statement. The State opposed the bail, but the Court examined the victim's statement and the surrounding circumstances. Finding that the allegations did not conclusively establish a kidnapping offence, the Court granted anticipatory bail. The order directed the petitioner to furnish a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the kidnapping allegation.
- Whether the victim's statement indicating voluntary elopement negates the charge of kidnapping under the BNSS and POCSO Act.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 137(2), 482(2), 87
- Protection of Children from Sexual Offences Act, 2012 — s. 12, 8
Subjects
- anticipatory bail
- kidnapping
- POCSO Act
- Bharatiya Nyaya Sanhita
- voluntary elopement
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15164 of 2026
Arising Out of PS. Case No.-363 Year-2025 Thana- MALAHI District- East Champaran
======================================================
Kundan Kumar Son of Rama Das Resident of village Mishrain Tola, P.S.-
Paharpur, District - East Champaran, Motihari.
... ... Petitioner/s
Versus
1. The State of Bihar
2. X Son of Janak Yadav R/V- Majhariya Kriti Tola, P.S.- Malahi, Dist.- East
Champaran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar
For the Opposite Party/s : Mr. Tapeshwar Sharma
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 10-03-2026 Heard the learned counsel for the petitioner and
learned counsel for the State.
2. The petitioner apprehends arrest in connection with
Malahi P.S. Case No. 363 of 2025 registered for offences under
Sections 137(2), 87 of the Bharatiya Nyaya Sanhita, 2023 and
Section 8/12 of the POCSO Act.
3. As per the prosecution case, the petitioner is
accused of kidnapping the victim girl.
4. Learned counsel for the petitioner submits that
petitioner is quite innocent and has not committed any offence.
He further submits that from the perusal of the statement of the
victim girl it is evident that the victim had eloped with the
Patna High Court CR. MISC. No.15164 of 2026(2) dt.10-03-2026
2/2
petitioner on her own.
5. Learned APP for the State has vehemently opposed
the prayer for bail.
6. Considering the aforesaid facts and circumstances
of the case and the statement of the victim girl, this application
for anticipatory bail is allowed.
7. Accordingly, let the petitioner, above-named, in the
event of arrest or surrender within four weeks from today in the
Court below, be released on anticipatory bail on furnishing bail
bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of
the like amount each to the satisfaction of learned Court below
where the case is pending/successor Court in connection with
Malahi P.S. Case No. 363 of 2025 subject to the conditions as
laid down under Section 482(2) of the BNSS.
(Sandeep Kumar, J)
Shishir/-
U T
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