Patna High Court
Suraj Kumar @ Lucho KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SANDEEP KUMAR
Holding
The court disposed of the anticipatory bail application, directing the petitioner to approach the lower court with a fresh application and indicating bail may be granted if the victim’s consent is substantiated.
Summary
Suraj Kumar sought anticipatory bail after being implicated in a kidnapping case (Section 366A IPC) and offences under the Arms Act. The prosecution alleged that he, along with Mitthu Singh, abducted the informant's daughter on a motorcycle. The petitioner contended that the alleged victim voluntarily accompanied him, citing a love affair, subsequent marriage, and a child, and that the informant’s family witnessed the marriage. The victim’s statement to police reportedly affirmed her consent and age of 18. The High Court disposed of the anticipatory bail application, granting the petitioner liberty to file a fresh application and indicating that bail may be granted if the victim’s statements are verified, otherwise the lower court should pass an appropriate order.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in a case involving alleged kidnapping under Section 366A IPC and offences under the Arms Act.
- Whether the alleged consent and marriage of the victim negate the offence of kidnapping.
- Whether the court may conditionally dispose of the anticipatory bail application pending a fresh application and verification of the victim's statements.
Legislation cited
- Arms Act — s. 25(1-B)a, 26, 37
- Indian Penal Code — s. 366A
Subjects
- anticipatory bail
- kidnapping
- consent
- marriage
- IPC 366A
- Arms Act
- bail application
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45995 of 2025
Arising Out of PS. Case No.-397 Year-2023 Thana- NAUGACHIA District- Bhagalpur
======================================================
Suraj Kumar @ Lucho Kumar S/o Panchu Singh R/o Village- Shripur, P.S.-
Naugachia, District- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amrendra Kumar, Advocate
For the Opposite Party/s : Mr.Md. Anzarul Haque Sahara, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 19-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Naugachia P.S. Case No. 397 of 2023 registered
for the offence under Section 366A of Indian Penal Code and
Sections 25(1-B)a, 26, 37 of Arms Act.
3. As per the prosecution case, petitioner along
with one Mitthu Singh are alleged to have kidnapped the
daughter of the informant on a motorcycle.
4. Paragraphs ‘8’ and ‘9’ of the petitioner reads as
under:-
8. That it is stated and submitted that
there is love affair between the informant's daughter
and the petitioner and he never kidnapped the victim
girl rather she voluntarily went with the petitioner
Patna High Court CR. MISC. No.45995 of 2025(4) dt.19-02-2026
2/2
which is evident from the case diary. The victim girl
appeared before the police and police recorded the
statement of the victim girl who has clearly stated that
she is aged about 18 years and no one have kidnapped
her and she solemnized marriage with the petitioner
namely Suraj Kumar @ Lucho Kumar of village-
Shripur, P.S.- Naugachia, District- Bhagalpur.
9. That, it is further submitted that
informant and his wife was present at the time of
marriage of the accused Suraj Kumar @ Lucho Kumar
and victim girl Puja Kumari and from wed lock she
gave birth a child, and she living in her sasural with
her husband and there is no dispute between them.
5. In view of the above, this application stands
disposed of with liberty to the petitioner to approach the court
below with a fresh application for anticipatory bail. If the
statements mentioned above are found true and are supported by
the victim, then the court below will accept the bail bond of the
petitioner and if the above statement is not supported by the
victim, the court below shall pass an appropriate order in
accordance with law.
(Sandeep Kumar, J)
tusharika/-
U T
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