Patna High Court

Vikram KumarversusThe State of Bihar

Decided: 17 January 2026
Disposal: ALLOWED
Bench: SANDEEP KUMAR

Holding

The High Court allowed the anticipatory bail application, finding that the alleged kidnapping did not constitute a cognizable offence given the victim’s voluntary elopement.

Summary

Vikram Kumar was arrested in connection with a kidnapping case (PS Saraiya Case No. 98 of 2022) under IPC sections 363, 366 and 34. The prosecution alleged that he abducted a girl, but the victim’s statement under Section 183 of the BNSS indicated that she had voluntarily eloped with the petitioner. The petitioner, represented by Mr. Sanjay Kumar Tiwari, argued that he was innocent, had a clean record, and the incident was a consensual elopement. The State and the informant opposed bail, contending the kidnapping charge was valid. The High Court, after considering the victim’s statement, held that the allegations did not constitute kidnapping and granted anticipatory bail under Section 482(2) of the BNSS, subject to bond and surety conditions. The order directed that if arrested within four weeks, the petitioner be released on bail upon furnishing the required bonds.

Issues considered

Whether the allegations of kidnapping under IPC sections 363, 366, 34 merit denial of anticipatory bail.
Whether the victim’s voluntary elopement, as recorded under Section 183 of the BNSS, negates the kidnapping charge.
Whether the High Court can grant anticipatory bail under Section 482(2) of the BNSS in such circumstances.

Legislation cited

Indian Penal Code — s. 34, 363, 366

Subjects

anticipatory bail
kidnapping
elopement
Indian Penal Code
Section 482
High Court
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.46993 of 2025
                     Arising Out of PS. Case No.-98 Year-2022 Thana- SARAIYA District- Muzaffarpur
                 ======================================================
                 Vikram Kumar Son of Siya Singh @ Siya Prasad Sah Resident of Village -
                 Balaur Kisunpur, Police Station - Kudhni, District - Muzaffarpur (Bihar).

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Upendra Paswan Son of Late Achhelal Paswan Resident of Village-
                 Baghnagri, P.O.- Ajijpur, P.S.- Saraiya, Muzaffarpur

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sanjay Kumar Tiwari
                 For the Opposite Party/s :       Mr. Shailendra Kumar Singh
                 For the O.P. No. 2       :       Mr. Hemant Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   17-01-2026                  Heard the learned counsel for the petitioner, learned

                   APP for the State and the learned counsel for the informant.

                                2. The petitioner apprehends arrest in connection with

                   Saraiya P.S. Case No. 98 of 2022 registered for offences under

                   Sections 363, 366/34 of the Indian Penal Code.

                                3. As per the prosecution case, the petitioner is

                   accused of kidnapping the victim girl.

                                4. Learned counsel for the petitioner submits that

                   petitioner is quite innocent and has not committed any offence.

                   The petitioner has clean antecedent. He further submits that

                   there is love affair between the petitioner and the victim.

                                5. Learned APP for the State and the learned counsel
            Patna High Court CR. MISC. No.46993 of 2025(4) dt.17-01-2026
                                                        2/2




                      for the informant have vehemently opposed the prayer for bail.

                                   6. Considered the submissions of the parties. Though

                      the allegation against the petitioner is of kidnapping the victim

                      girl but from the statement of the victim girl recorded under

                      Section 183 of the BNSS, it appears that the victim girl had

                      eloped with the petitioner on her own.

                                   7. In view of the aforesaid, this application for

                      anticipatory bail stands allowed.

                                   8. Accordingly, let the petitioner, above-named, in the

                      event of arrest or surrender within four weeks from today in the

                      Court below, 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 learned Addl. Chief

                      Judicial Magistrate, Muzaffarpur/concerned Court below in

                      connection with Saraiya P.S. Case No. 98 of 2022 subject to the

                      conditions as laid down under Section 482(2) of the BNSS.



                                                         (Sandeep Kumar, J)
Shishir/-

U       T

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