Arvind KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17896 of 2026
                     Arising Out of PS. Case No.-348 Year-2021 Thana- BATHNAHA District- Sitamarhi
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                 Arvind Kumar son of Harinarayan Mahto Resident of village- Tilangi, PS-
                 Sonbarsa, Dist- Sitarmarhi
                                                                       ... ... Petitioner/s
                                                Versus
           1.     The State of Bihar
           2.     Gautam Sharma Son of Sobodh Sharma Resident of village- Haribela, PS-
                  Bathnaha, Dist- Sitamarhi
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Uday Kumar, Advocate
                 For the Opposite Party/s :       Mr. Nand Kishore Prasad, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

4   18-06-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 363 and

                   366(A)/34 of the Indian Penal Code as well as Section 8 of the

                   Prevention of Children from Sexual Offences (POCSO) Act.

                                3. Learned counsel for the petitioner submits that

                   from perusal of the office report dated 12.06.2026, it would

                   manifest that opposite party no. 2 personally received the notice

                   but then after receiving the notice, the opposite party no. 2

                   chooses not to appear and contest. It is further submitted that the

                   informant alleges that his minor sister was kidnapped by the

                   accused person including the petitioner.
Patna High Court CR. MISC. No.17896 of 2026(4) dt.18-06-2026
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                       4. Learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case by the

          informant. It is further submitted that petitioner and the victim

          were in love and they eloped. It is next submitted that informant

          only with a view to give seriousness to the case falsely alleged

          that the victim is a minor when she is a major. It is also

          submitted that petitioner and the victim have performed their

          marriage and are living together and out of the wedlock, a child

          was born. It is, thus, submitted that this perhaps explains why

          the opposite party no. 2, despite receiving the notice, chooses

          not to appear and contest. It is further submitted that the

          petitioner and the opposite party no. 2 performed their marriage

          at Arya Samaj Sewa Trust (Regd.), 106, Rajindra Market, Tis

          Hazari Court, Delhi and in the said certificate of marriage, the

          victim has disclosed her age as 01.01.2005.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       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)
           Patna High Court CR. MISC. No.17896 of 2026(4) dt.18-06-2026
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                     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 Bathnaha P.S. Case No. 348 of 2021,

                     subject to the conditions as laid down under Section 438(2) of

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


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T