Created by Fuzzy Cloud

Patna High Court

Subham KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted anticipatory bail to the petitioner with stipulated conditions.

Summary

The petitioner, Subham Kumar, sought anticipatory bail fearing arrest in a case (Maner PS Case No. 377 of 2023) filed under sections 366(A) and 34 of the Indian Penal Code by his mother-in-law, Gudiya Devi. The FIR alleged that the petitioner abducted and assaulted a minor girl, who later turned out to be his wife and mother of his child. Gudiya Devi later appeared in court, clarified that the complaint was filed under a misconception, and expressed satisfaction with her daughter, son‑in‑law and granddaughter. Considering the informant’s change of stance and the petitioner’s request, the Court decided to grant anticipatory bail with specific conditions regarding sureties, appearance, non‑interference with witnesses, and abstention from further offences. The bail order required a bond of Rs.10,000 with two sureties and stipulated compliance with the conditions for four weeks from the receipt of the order.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in a case under sections 366(A) and 34 IPC when the complainant withdraws or clarifies the complaint.
  • Whether the conditions imposed under Section 438 CrPC are sufficient to safeguard the investigation and trial.

Legislation cited

Subjects

  • anticipatory bail
  • IPC 366A
  • IPC 34
  • false complaint
  • marriage
  • bail conditions
  • Criminal Procedure Code
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.41702 of 2025
                         Arising Out of PS. Case No.-377 Year-2023 Thana- MANER District- Patna
                 ======================================================
                 Subham Kumar Son of Rasbihari Rai Resident of Naya Gram Jamunipur,
                 P.S.- Maner, District - Patna, Bihar

                                                                                   ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Gudiya Devi W/O-Satyendra Singh, R/O-Vill-Jamunipur, P.S. -Maner, Dist-
                 Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Apurv Harsh, Advocate
                                                   Mr. Raghu Raj Pratap, Advocate
                                                   Mr. Hritik Anand, Advocate
                                                   Ms. Jaya Singh, Advocate
                 For the Opposite Party/s :        Mr. Raj Ballabh Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

5   06-02-2026                   Though the office notes shows that the notice has not

                   been delivered, Gudiya Devi opposite party no. 2 has appeared

                   and in that background, the case is taken up for hearing.

                                 2. Heard the parties.

                                 3. The petitioner is apprehending his arrest in

                   connection with Maner P.S. Case No. 377 of 2023 for the

                   offence under sections 366(A)/34 of the Indian Penal Code

                   lodged on 22.05.2023 by the informant, Gudiya Devi.

                                 4. As per the prosecution story, the informant, Gudiya

                   Devi lodged the FIR stating that after dinner, they retired to their

                   respective bed. However, in the midnight found the victim
Patna High Court CR. MISC. No.41702 of 2025(5) dt.06-02-2026
                                            2/3




          girl/daughter       missing        alongwith         cash/other   materials.

          Suspecting the role of the petitioner/family members, the FIR.

                       5. In this case, notice was issued to the opposite party

          no. 2, Gudiya Devi and pursuant thereto she has appeared

          alongwith her daughter (victim girl) and the petitioner who was

          granted interim relief on 09.07.2025.

                       6. The girl has provided her Aadhaar Card to show

          that she was major on the date of occurrence, went on her own,

          got married with the petitioner and now blessed with a female

          child (Kritika).

                       7. The informant, Gudiya Devi also submits that

          under misconception, the case was lodged and she is happy with

          the daughter, son-in-law and the grand daughter.

                       8. Considering the aforesaid fact and the averment

          made by the informant who is present in the Court, this Court is

          inclined to extend him the privilege of anticipatory bail with

          conditions.

                       9. Let the petitioner be released on bail in the event of

          arrest or surrender within a period of four weeks from the

          receipt of this order, on furnishing bail bond of Rs. 10,000/-

          (Ten thousand) with two sureties of like amount each to the

          satisfaction of learned J.M. First Class, Danapur/concerned
          Patna High Court CR. MISC. No.41702 of 2025(5) dt.06-02-2026
                                                      3/3




                    Court in connection with Maner P.S. Case No. 377 of 2023

                    subject to the following conditions:

                                 (i) one of the bailor should be the family

                    member/relative of the petitioner who shall provide official

                    document (Aadhaar Card/Voter ID Card/Pan Card/Driving

                    License) to show his/her bona fide;

                                 (ii) the petitioner shall appear on each and every date

                    before the Trial Court and failure to do so for two consecutive

                    dates without plausible reason will entail cancellation of his

                    bail bond by the Trial Court itself;

                                 (iii) the petitioner shall in no way try to induce or

                    promise or threat the witnesses or tamper with the evidences,

                    failing which the State shall be at liberty to take steps for

                    cancellation of the bail bonds;

                                 (iv) the petitioner shall desist from committing any

                    criminal offence again, failing which the State shall be at liberty

                    to take steps for cancellation of his bail bonds.



                                                   (Rajiv Roy, J)
Adnan/-

U     T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.