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Patna High Court

Ankit KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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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