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Patna High Court

Prahlad kumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner subject to specified conditions.

Summary

The petitioner, Prahlad Kumar, sought anticipatory bail in a criminal case (PS Case No. 198 of 2024) where he was alleged to be involved in offences under Sections 137(2), 87 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 relating to the alleged abduction of a girl. The prosecution’s case was based on the family’s claim that the victim was taken away by a co‑accused, Manish Kumar. The victim, however, recorded a statement under Section 183 of the Bharatiya Nyaya Sanhita stating that she voluntarily went with Manish Kumar out of love and made no accusation against Prahlad Kumar. The petitioner’s counsel highlighted the victim’s candid statement and the fact that the co‑accused had already been granted regular bail, arguing there was no incriminating material against the petitioner. The court, after verifying the victim’s statement, was inclined to grant anticipatory bail, imposing a bail bond of Rs. 10,000 with two sureties and several conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita. The order directed the petitioner to surrender within thirty days if arrested and to comply with the stipulated conditions.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in view of the allegations under the Bharatiya Nyaya Sanhita.
  • The effect of the victim’s voluntary statement under Section 183 on the petitioner’s liability.
  • The relevance of the co‑accused’s bail status to the petitioner’s anticipatory bail application.

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • kidnapping
  • victim statement
  • bail conditions
  • Bharatiya Nyaya Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15679 of 2026
                      Arising Out of PS. Case No.-198 Year-2024 Thana- RAHIKA District- Madhubani
                 ======================================================
                 Prahlad kumar Son of Mahesh Bari Resident of village -Gangwara Kranti
                 chowk P.S- sadar District -Darbhanga

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Subhash Kumar Jha
                 For the Opposite Party/s :       Mr.Shahabuddin Azeem @ S. Azeem
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   12-03-2026                  Heard the learned counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                               2. The petitioner is apprehending his arrest in

                   connection with Rahika P.S. Case No. 198 of 2024

                   corresponding to G.R. No. 2082 of 2024, F.I.R dated 13.09.2024

                   registered for the offences punishable under Sections 137(2), 87,

                   3(5) of the Bharatiya Nyaya Sanhita, 2023.

                               3. According to prosecution case, the informant and

                   his family went for sleeping and her daughter went for bathroom

                   but she did not return, then her family members found that she

                   was missing and claimed that her daughter was taken away by

                   one co-accused person, namely, Manish Kumar as her family

                   members seen the co-accused nearby his house earlier.

                               4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.15679 of 2026(2) dt.12-03-2026
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          victim herself has recorded the statement under Section 183 of

          BNSS, that she herself went with the co-accused Manish

          Kumar, as she was in love with him. It is also submitted by

          referring to the statement made in the anticipatory bail petition

          that it is her candid statement of the victim girl that the

          petitioner has not committed any wrong act with her. It is next

          submitted that the petitioner is a man of means and has clean

          antecedents, while the co-accused, Manish Kumar, with whom

          the victim is said to have gone away from her lawful

          guardianship has already been extended the privilege of regular

          bail, and on this strength, the petitioner seeks the privilege of

          anticipatory bail, as there is nothing incriminating that has been

          said by the victim against this petitioner.

                      5. Learned APP for the State opposes the prayer for

          anticipatory bail application.

                       6. Considering the fact that the co-accused, Manish

          Kumar, has already been extended the privilege of bail, and the

          main co-accused with whom the victim, is said to have eloped

          away, has already been extended the privilege of bail and

          nothing incriminating has been said against the petitioner by the

          victim with regard to any wrong act having been done to her.

          Accordingly, this Court is inclined to grant the privilege of
Patna High Court CR. MISC. No.15679 of 2026(2) dt.12-03-2026
                                            3/4




          anticipatory bail to the petitioner. However, the learned court

          concerned is directed to verify such a statement of the counsel

          of the petitioner from the statement so recorded by the victim,

          which is recorded under Section 183 of BNSS.

                       7. Let the petitioner, above named, in the event of

          his/her arrest or surrender before the Court below within a

          period of thirty days from the date of receipt of the order, be

          released on bail on furnishing bail bond of Rs. 10,000/- (Ten

          Thousand) with two sureties of the like amount each to the

          satisfaction of the learned A.C.J.M. 1st Madhubani in connection

          with Rahika P.S. Case No. 198 of 2024 corresponding to G.R.

          No. 2082 of 2024, subject to the conditions as laid down under

          Section 438(2) of the Code of Criminal Procedure / Section

          482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other

          following conditions:-

                       (i) one of the bailors should be the family

          member/relative of the petitioner(s) who shall provide official

          document to show his/her bona fide;

                       (ii) the petitioner(s) shall appear on each and every

          date before the Trial Court and failure to do so for two

          consecutive       dates     without      plausible   reason   will   entail

          cancellation of his/her/their bail bond by the Trial Court itself;
           Patna High Court CR. MISC. No.15679 of 2026(2) dt.12-03-2026
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                                  (iii) the petitioner(s) shall in no way try to induce or

                     promise or threat the witnesses or tamper with the evidences,

                     failing which the State shall be at liberty to take steps for

                     cancellation of the bail bonds;

                                  (iv) the petitioner(s) shall desist from committing any

                     criminal offence again, failing which the State shall be at liberty

                     to take steps for cancellation of their bail bonds.



                                                   (Ajit Kumar, J)
abhishekkr/-

U      T


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