Patna High Court
Kaushal KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner subject to bail bond and surety conditions.
Summary
Petitioner Kaushal Kumar sought anticipatory bail after learning that a case (Mahua P.S. Case No. 409 of 2025) had been registered against him under Sections 61(2), 87, 137(2) and 3(5) of the Bharatiya Nyaya Sanhita for allegedly kidnapping the informant's granddaughter. The prosecution alleged that the petitioner and other accused abducted the girl for unlawful purposes. The victim, however, gave a statement under Section 183 of the Bharatiya Nyaya Sanhita, denying any kidnapping and stating that she left her parental home of her own free will and had married the petitioner. The State opposed the bail application. Considering the victim’s voluntary statement, the court granted anticipatory bail, directing that if the petitioner is arrested within eight weeks he may be released on a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the victim’s statement denying kidnapping.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 137(2), 183, 3(5), 61(2), 87
Subjects
- anticipatory bail
- kidnapping
- victim statement
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26350 of 2026
Arising Out of PS. Case No.-409 Year-2025 Thana- MAHUA District- Vaishali
======================================================
Kaushal Kumar S/o- Suresh Paswan Resident of village- Samaspura, P.S.-
Mahua, District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar Singh, Advocate
For the Opposite Party/s : Mr. Surendra Prasad Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 11-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 61(2), 87, 137(2), 3(5)
of the Bharatiya Nyaya Sanhita.
3. As per prosecution case, it is alleged that all the
F.I.R. named accused persons, including this petitioner,
kidnapped grand-daughter of the informant for unlawful
purpose.
4. Learned counsel appearing for the petitioner
submits that during investigation, victim was recovered and in
her statement, recorded under Section 183 BNSS, has denied the
factum of kidnapping and categorically stated that she, out of
her own sweet will, left her parental house and had already
Patna High Court CR. MISC. No.26350 of 2026(2) dt.11-05-2026
2/2
solemnized marriage with this petitioner. Petitioner claims clean
antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering statement of the victim recorded under
Section 183 BNSS, this anticipatory bail is allowed and it is
ordered that the above named petitioner in the event of his
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bond
of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of Additional Chief Judicial
Magistrate-IV, Vaishali at Hajipur in connection with Mahua P.
S. Case No. 409 of 2025, subject to condition as laid down
under Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita.
(Prabhat Kumar Singh, J)
Navya/-
U T
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