Patna High Court
Subham KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
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
- Indian Penal Code — s. 34, 366A
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
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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
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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
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