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Patna High Court

Kundan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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