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Patna High Court

Vikash KumarversusThe State Of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, subject to conditions, under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S.

Summary

Vikash Kumar was accused of offences under Sections 137(2) and 140(3) of the B.N.S.S. following an allegation that he had enticed and eloped with a woman’s daughter. The petitioner, who has a clean record, claimed the accusation was false and that the alleged victim had later withdrawn her support, her statement being recorded under Sections 180 and 183 of the B.N.S.S. The investigating officer confirmed that the victim was not supporting the prosecution. The petitioner sought anticipatory bail, while the State opposed it. After hearing both sides and noting the victim’s non‑cooperation, the court granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties, invoking Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 of the Cr.P.C.
  • Whether the victim’s withdrawal of support under Sections 180 and 183 of the B.N.S.S. affects the merits of the case
  • Whether the offences under Sections 137(2) and 140(3) of the B.N.S.S. warrant denial of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • Criminal Procedure Code
  • B.N.S.S.
  • false implication
  • victim withdrawal
  • Sections 137, 140, 438, 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No. 39948 of 2026
                       Arising Out of PS. Case No.-175 Year-2025 Thana- CIVIL LINE District- Gaya
                 ======================================================
                 Vikash Kumar S/O Pappu Manjhi R/O Village - Beladih, P.s- Belaganj, Dist-
                 Gaya

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State Of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Aryan Singh, Advocate
                 For the Opposite Party/s :       Shri Chandra Bhushan Prasad, A.P.P.

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   08-07-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State, Shri Chandra Bhushan Prasad.

                                2. The Investigating Officer of the case, in compliance

                   of the order dated 30.06.2026, is present in the Court.

                                3. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 137(2) and

                   140(3) of the BNS.

                                4. Learned counsel appearing on behalf of the

                   petitioner submits that petitioner is a person with clean

                   antecedent and the informant alleges that petitioner enticed and

                   eloped with her daughter.

                                5. Learned counsel appearing on behalf of the

                   petitioner submits that petitioner has been falsely implicated in
Patna High Court CR. MISC. No. 39948 of 2026(3) dt.08-07-2026
                                            2/3




          the instant case by the informant. It is next submitted that

          petitioner and the victim were in love and they eloped. It is also

          submitted that victim has come back and her statement was

          recorded under Sections 180 and 183 of BNSS in which she has

          not supported the case of the prosecution.

                       6. On query of the Court from the Investigating

          Officer of the case that as to whether the victim has supported

          the case of the prosecution or not, the Investigating Officer

          submits that victim has not supported the case of the prosecution

          and is presently staying with her parents.

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

          anticipatory bail of the petitioner.

                       8. After considering the submissions made by the

          learned counsel for the parties and taking into consideration the

          submission made by the Investigating Officer of the case, 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) 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 Gaya Civil Lines

          P.S. Case No. 175 of 2025, subject to the conditions as laid
           Patna High Court CR. MISC. No. 39948 of 2026(3) dt.08-07-2026
                                                       3/3




                     down under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.

                                  9. The personal appearance of the Investigating

                     Officer of the case is dispensed with.


                                                                           (Satyavrat Verma, J)

vikram/-

U      T


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