Patna High Court
Kundan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court granted regular bail to the petitioner with conditions restricting contact with the victim and her family.
Summary
Kundan Kumar was arrested in connection with a case alleging the abduction and harassment of Honey Kumari, the informant's newly‑wed daughter, under several provisions of the B.N.S. The petitioner claimed innocence, asserting that the victim, a 21‑year‑old adult, had voluntarily associated with him and that there were no allegations of physical assault. The State and the informant opposed bail, arguing that the petitioner might disrupt the victim's matrimonial life. The court examined the victim's statement, the petitioner’s clean record, and the absence of violent conduct, and concluded that bail could be granted with strict conditions. Accordingly, the court ordered the petitioner’s release on bail of Rs.10,000 with two sureties, subject to a prohibition on contacting the victim or her family.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the offences under the B.N.S.
- Whether imposing a condition prohibiting contact with the victim and her family is appropriate for bail
Legislation cited
- Bihar Negotiable Substances Act — s. 115(2), 126(2), 137(2), 140(3), 329(4), 3(5)
Subjects
- bail
- kidnapping
- harassment
- B.N.S.
- criminal procedure
- conditions of bail
- victim consent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2783 of 2026
Arising Out of PS. Case No.-748 Year-2025 Thana- MANER District- Patna
======================================================
Kundan Kumar Son of Pramod Rai @ Budhan Rai Resident of Village-
Gyaspur, P.S.- Maner, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arun Kumar Prasad, Advocate
For the Opposite Party/s : Dr. Indiwar Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
4 02-04-2026 Heard learned counsel for the petitioner and learned
counsel for the informant. Learned APP for the State is present
through virtual mode.
2. The petitioner has preferred this application for
grant of regular bail in connection with Maner P.S. Case No.
748 of 2025 registered for the offences punishable under
Sections 329(4), 115(2), 126(2), 137(2), 140(3) and 3(5) of the
B.N.S.
3. As per the prosecution case, the newlywed daughter
of the informant, Honey Kumari, was abducted by the petitioner,
who had ill intentions towards her even before the marriage. On
02.10.2025, when she came to her maternal house, the petitioner
was constantly looking for an opportunity to kidnap her. It is
further alleged that the petitioner used to call her in-law’s house
and make inappropriate remarks in an attempt to break her
Patna High Court CR. MISC. No.2783 of 2026(4) dt.02-04-2026
2/3
marriage.
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in
this case. It has further been submitted that the victim is a major
lady aged about 21 years old. In her statement recorded under
Section 183 of the B.N.S.S., she stated that she was previously
in a relationship with the petitioner and continued to talk to him
even after her marriage. Subsequently, under the pretext of
making a video viral, she joined the company of the petitioner.
Additionally, before her marriage, she was already in an
intimate relationship with the petitioner and continued to talk to
him on Instagram. It has also been submitted that there are no
allegations of physical assault against the petitioner, and she
voluntarily joined the petitioner’s company even after marriage.
No hue and cry was raised when she had occasion to do so. It
has lastly been submitted that the petitioner has clean criminal
antecedent and is in custody since 09.10.2025.
5. Learned APP for the State and learned counsel for
the informant have vehemently opposed the prayer for bail of
the petitioner. Learned counsel for the informant submits that
still the petitioner is bent upon to create hindrance in her
matrimonial life.
Patna High Court CR. MISC. No.2783 of 2026(4) dt.02-04-2026
3/3
6. Considering the aforesaid submissions of the
parties and taking into account the facts and circumstance of the
case, let the petitioner above-named, be enlarged on 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 concerned, Patna, in connection with Maner P.S.
Case No. 748 of 2025, with condition(s):-
(i) It is directed that the petitioner
shall never contact the victim or the victim’s
family members, nor malign their reputation
publicly or within her in-law’s family. It is
further clarified that if any application is
filed in violation of the aforementioned
condition, the informant shall be at liberty to
file an appropriate application for the
cancellation of the petitioner’s bail bonds.
7. The application stands allowed.
(Praveen Kumar, J)
Jyoti/-
U T
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