Patna High Court
Satyam Kumar @ Satyam Paswan @ TimmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner subject to the stipulated conditions.
Summary
The petitioner, Satyam Kumar, was implicated in a case (PS‑Simri Bakhtiyarpur, Case No.170/2024) alleging kidnapping of a girl for marriage under IPC sections 366(A), 372, 120B, 363 and 34. The victim, now recovered, gave a statement under Section 164 of the Cr.P.C. asserting that she was in love with the petitioner and that no kidnapping occurred. The petitioner, maintaining a clean antecedent, applied for anticipatory bail, arguing innocence and reliance on the victim’s statement. The State opposed the bail application. Considering the victim’s declaration and the surrounding circumstances, the Court granted anticipatory bail, directing the petitioner to surrender within eight weeks and to furnish a bail‑bond of Rs 10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail can be granted in a case involving alleged kidnapping for marriage under the cited IPC provisions.
- Whether the victim’s statement under Section 164 Cr.P.C. negates the alleged offence and warrants bail.
- Whether the conditions imposed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, are appropriate.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Criminal Procedure Code — s. 164
Subjects
- anticipatory bail
- kidnapping
- marriage
- IPC
- victim statement
- bail conditions
- Section 164 Cr.P.C.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35515 of 2026
Arising Out of PS. Case No.-170 Year-2024 Thana- SIMRI BAKHTIYARPUR District-
Saharsa
======================================================
Satyam Kumar @ Satyam Paswan @ Timma S/O Dilo Paswan R/O Village-
Kanu Tola, P.S.- Simri Bakhtiyarpur, Distt.- Saharsa.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Chandra Mohan Jha, Advocate
For the Opposite Party/s : Mr. Anil Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 25-06-2026 Heard learned counsel for the petitioner and the
State .
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 366(A), 372, 120B, 363,
and 34 of the Indian Penal Code .
3 . As per F.I.R. all the accused persons, including this
petitioner, kidnapped her daughter for the purpose of marriage .
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence . During
investigation, victim was recovered and she in her statement
recorded under Section 164 of Cr.P.C. has denied the factum of
kidnapping and categorically stated that she was in love with
this petitioner and solemnize marriage with him. Learned Trial
Patna High Court CR. MISC. No.35515 of 2026(2) dt.25-06-2026
2/2
Court has assessed the age of the victim as 20 years. Petitioner
claims clean antecedent.
5 . Learned A.P.P. for the State vehemently opposed
the bail application .
6. Considering the aforesaid facts, statement of the
victim recorded under Section 164 of Cr.P.C. and circumstances
of the case , this anticipatory bail is allowed and it is ordered
that let the above named petitioner in the event of their
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) each with two sureties of the like
amount each to the satisfaction of Chief Judicial Magistrate ,
Saharsa in connection with Simri Bakhtiyarpur P. S. Case No.
170 of 2024 , subject to condition as laid down under Section
482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 .
(Prabhat Kumar Singh, J)
Koushik/Alok
Raj-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.