Patna High Court
Vikram KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner subject to the conditions prescribed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
The petitioner, Vikram Kumar, applied for anticipatory bail in a case alleging kidnapping and forced marriage under multiple sections of the Bharatiya Nyaya Sahnita. The prosecution alleged that the petitioner abducted the informant’s granddaughter with intent to marry her, while the victim’s statements were contradictory – initially claiming a voluntary marriage to Suraj Kumar, later alleging coercion by the petitioner. The petitioner argued he was falsely implicated due to village politics. The court noted the inconsistency in the victim’s statements and, considering the lack of conclusive evidence, granted anticipatory bail. The bail was conditioned on a bond of Rs.10,000 with two sureties and compliance with Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted in view of contradictory victim statements
- Whether the petitioner is likely to be arrested or surrender within the stipulated period
- Whether the allegations constitute offences warranting denial of bail under the cited sections
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
Subjects
- anticipatory bail
- kidnapping
- forced marriage
- contradictory statements
- bail conditions
- criminal procedure
- Section 482
- village politics
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61532 of 2025
Arising Out of PS. Case No.-94 Year-2025 Thana- ALOULI District- Khagaria
======================================================
Vikram Kumar S/o Jilish Yadav Resident of Alauli, PS- Alauli, District-
Khagaria
... ... Petitioner/s
Versus
1. The State of Bihar
2. Devo Yadav S/o Late Ayodhi Yadav R/o vill - Alauli, ward no. 11, P.S.-
Alauli, Distt.- Khagaria
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Santosh Kumar Singh, Advocate
For the Informant : None
For the Opposite Party/s : Mr. Syed Mojibur Rahman, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
5 20-02-2026 Heard learned Counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail,
arises out of Alauli Police Station Case No. 94 of 2025,
disclosing offences under Sections 96, 137(2), 126(2), 115(2),
74, 352, 351(2), 351(3) and 3(5) of Bharatiya Nyaya Sahnita.
3. The prosecution case, as per the First Information
Report, is that on 03.03.2025, while the informant’s
granddaughter had gone out to attend nature’s call, she was
allegedly kidnapped by the petitioner and Rahul Kumar with the
intention to marry.
4. Learned counsel for the petitioner submits that the
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petitioner has been falsely implicated in this case due to village
politics. The petitioner resides near the house of the victim. The
victim girl was recovered from the house of one Suraj Kumar on
16.03.2025 and her statement was recorded by the Police under
Section 180 BNSS. In her statement before the Police, the
victim girl stated that she had voluntarily gone with Suraj
Kumar and married him on 12.03.2025, and was living with him
in his house at the time of her recovery on 16.03.2025. The
statement of the victim girl was subsequently recorded under
Section 183 BNSS, in which she retracted from her earlier
statement and alleged that she went with Suraj Kumar at the
behest of the petitioner
5. No-one appears for the O.P. No. 2.
6. Learned counsel for the State submits that from the
investigation report, it appears that the victim has given two
different versions. Initially, before the police, the victim stated
that she voluntarily went with Suraj Kumar. However, in her
subsequent statement recorded under Section 183 BNSS, she
stated that she did not go with Suraj Kumar voluntarily, but that
the petitioner was instrumental in bringing her along.
7. Regards being had to the submissions made on
behalf of the parties and taking into consideration the fact that
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contradictory statements have been made by the victim before
the Police as well as before the learned Magistrate, I am inclined
to grant the petitioner privilege of anticipatory bail.
8. This application is, accordingly, allowed.
9. Let the petitioner, above named, in the event of his
arrest or surrender before the Court below within four weeks, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned Chief Judicial Magistrate, Khagaria, in
connection with Alauli Police Station Case No. 94 of 2025,
subject to the condition laid down under Section 482 (2) of the
Bharatiya Nagarik Suraksha Sanhita.
(Anil Kumar Sinha, J)
Siwani/-
U T
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