Created by Fuzzy Cloud

Patna High Court

Vivek Das @ Vevek KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted subject to conditions under Section 438(2) CrPC and Section 482(2) B.N.S.S.

Summary

The petitioner, Vivek Das, sought anticipatory bail after being implicated in a kidnapping case involving a minor girl, with charges under Sections 64, 87, 126(1), 127(1) of the B.N.S.S. and Sections 4 and 6 of the POCSO Act. The informant alleged that the petitioner abducted her daughter, but the petitioner claimed a clean record and asserted that he was married to the victim, who was pregnant. The State and the informant opposed the bail, while the informant’s counsel admitted the marriage. The court examined the merits, the nature of the allegations, and the statutory provisions governing anticipatory bail. It granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and compliance with conditions under Section 438(2) of the CrPC and Section 482(2) of the B.N.S.S., pending the petitioner’s arrest or surrender within six weeks.

Issues considered

  • Whether anticipatory bail can be granted under Section 438 CrPC in a case involving alleged kidnapping and offences under the B.N.S.S. and POCSO Act.
  • Whether the marital relationship and pregnancy of the alleged victim affect the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • kidnapping
  • POCSO
  • false implication
  • marriage
  • pregnancy
  • Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17347 of 2026
                          Arising Out of PS. Case No.-237 Year-2024 Thana- Kurth District- Arwal
                 ======================================================
                 Vivek Das @ Vevek Kumar S/o- Surendra Das Village- Gokhulpur PS-Kurtha
                 Distt- Arwal

                                                                                     ... ... Petitioner/s
                                                         Versus
           1.    The State of Bihar Bihar
           2.    XXX W/o- YYY Village- Gokhulpur PS-Kurtha Distt- Arwal

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Paras Nath
                 For the Opposite Party/s :        Mr. Md. Aslam Ansari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   18-04-2026                  Heard learned counsel for the petitioner, learned A.P.P.

                   for the State and the learned counsel for the informant.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 64, 87

                   126(1), 127(1) of the BNS and Section 4/6 of the POCSO Act.

                                3. Learned counsel for the petitioner submits that the

                   petitioner is a person with clean antecedent and the informant

                   alleges that on 26.10.2024, her daughter went for a walk in the

                   evening but did not return hence, search was made but the

                   victim was not located, further the informant got an information

                   that petitioner has kidnapped her daughter, thus, went to the

                   house of the pettioner, where her father and mother abused and

                   when informant came back to her house she saw her daughter’s
Patna High Court CR. MISC. No.17347 of 2026(2) dt.18-04-2026
                                            2/3




          clothes and mobile scattered in the house.

                       4. Learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instance case by the

          informant. It is next submitted that petitioner and the victim was

          in lover affair. It is also submitted that petitioner is married the

          victim and living a peaceful conjugal life and the victim

          presently is pregnant.

                       5. Learned A.P.P. for the State and the learned counsel

          for the informant oppose the prayer for anticipatory bail of the

          petitioner but then learned counsel for the informant on query of

          the Court as to whether the victim is married to the petitioner or

          not, the learned counsel fairly submits that petitioner and victim

          are married and victim is expecting a child.

                       6. Considering the submissions made by the learned

          counsel appearing on behalf of the petitioner, let the petitioner,

          above-named, in the event of his arrest or surrender within a

          period of six weeks from today, 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

          the learned Trial Court where the case is pending/Successor

          Court in connection with Kurtha P.S. Case No. 237 of 2024,

          subject to the conditions as laid down under Section 438(2) of
            Patna High Court CR. MISC. No.17347 of 2026(2) dt.18-04-2026
                                                        3/3




                      the Cr.P.C./482(2) of the B.N.S.S.


                                                (Satyavrat Verma, J)

khushbu/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.