Patna High Court
Ankit KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SANDEEP KUMAR
Holding
The court held that the interim protection remains in force and the petitioner cannot be arrested until the victim girl is recovered and makes a statement.
Summary
The petitioner, Ankit Kumar, sought protection from arrest in a case where a victim girl has not yet been recovered. The trial court had earlier granted interim protection and directed the police to recover the girl. The petitioner’s counsel argued that arrest should not occur before the victim’s recovery. The court upheld the interim protection, directing that the petitioner not be arrested until the victim is recovered and, if she makes an adverse statement, the police may then arrest him; otherwise a charge‑sheet must be filed. The application for further relief was therefore disposed.
Issues considered
- Whether the petitioner can be arrested before the victim girl is recovered.
- Whether the interim protection granted to the petitioner should continue pending the victim's recovery and statement.
Subjects
- interim protection
- arrest
- victim recovery
- criminal procedure
- protective order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62337 of 2025
Arising Out of PS. Case No.-121 Year-2025 Thana- SURYAGARHA District- Lakhisarai
======================================================
Ankit Kumar S/o Manoj Singh @ Manoj Kumar Singh R/o Village- Mano,
P.S.- Surajgarha, District- Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Uday Pratap Singh, Advocate
For the State : Ms.Meena Singh, APP
For the Informant : Ms.Shrishti Rani, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 10-03-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned A.P.P. for the State.
2. The S.H.O. of Suryagarha Police Station and I.O.
of the case have appeared in the Court today and have submitted
that the victim girl has not yet been recovered.
3. Earlier the petitioner was granted interim protection
and the S.H.O. and I.O. of the case were directed to take all
steps for recovery of the girl.
4. The interim protection granted to the petitioner
shall continue and he shall not be arrested till the victim girl is
recovered. If the victim girl after recovery says anything
against the petitioner, the police may arrest him and if she does
not say anything after recovery, then appropriate charge-sheet/
Patna High Court CR. MISC. No.62337 of 2025(5) dt.10-03-2026
2/2
final form shall be submitted by the police insofar as the
petitioner is concerned.
5. With the aforesaid observations and direction, this
application stands disposed of.
(Sandeep Kumar, J)
tusharika/-
U T
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