Patna High Court
Prince Kumar @ Prince KurmiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SANDEEP KUMAR
Holding
The court granted provisional anticipatory bail to the petitioner, subject to specified conditions and a six‑week period.
Summary
The petitioner, Prince Kumar, was apprehended in connection with a case of alleged theft and kidnapping (IPC §§363, 366A/34) after a victim girl disappeared for a second time. In the earlier case (Siswan P.S. Case No. 178 of 2024) the girl had claimed she left home voluntarily due to parental restrictions on her mobile phone. The petitioner filed an anticipatory bail application, arguing that he might be arrested under Siswan P.S. Case No. 200 of 2024. The court considered the victim's prior statement and the circumstances of her disappearance, and disposed of the anticipatory bail application by granting provisional anticipatory bail for six weeks, subject to a bail bond of Rs.10,000 with two sureties and compliance with conditions under Sections 438(2) and 482 of the CrPC. The court also directed the Superintendent of Police to ensure the victim's recovery and indicated that the final bail order would depend on the victim’s statement. The order was communicated to the police for compliance.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the alleged offences and the victim's disappearance
- Whether the conditions prescribed under Section 438(2) and Section 482 of the CrPC are satisfied for granting provisional anticipatory bail
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482
- Indian Penal Code — s. 34, 363, 366A
Subjects
- anticipatory bail
- provisional bail
- IPC 363
- IPC 366A
- Section 438 CrPC
- Section 482 CrPC
- kidnapping
- theft
- victim disappearance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66139 of 2025
Arising Out of PS. Case No.-200 Year-2024 Thana- SISWAN District- Siwan
======================================================
Prince Kumar @ Prince Kurmi S/o Satrudhan Kurmi R/o Village - Noneya
Patti, P.S - Siswan, District -Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Kumar, Advocate
For the State : Mr.Rana Randhir Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 24-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in connection
with Siswan P.S. Case No. 200 of 2024 instituted under
Sections 363 and 366A/34 of the Indian Penal Code.
3. Earlier the victim girl had left her home for which
Siswan P.S. Case No. 178 of 2024 was registered in which she
was recovered and she had said that she had left her home on
her own because her parents used to stop her from using
mobile phone. Now, the victim girl has again disappeared.
4. The petitioner has been again made accused in the
Patna High Court CR. MISC. No.66139 of 2025(4) dt.24-02-2026
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disappearance of the victim girl.
5. Considering the statement of the victim girl in the
earlier Siswan P.S. Case No. 178 of 2024, this application for
anticipatory bail is disposed of.
6. However, the petitioner is granted provisional
anticipatory bail in the event of arrest or surrender before the
Court below within six weeks from today, the petitioner, above
named, be released on provisional anticipatory bail upon
furnishing bail bonds of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of the
learned Chief Judicial Magistrate, Siwan/Successor Court,
Siwan in connection with Siswan P.S. Case No. 200 of 2024,
subject to the conditions laid down in Section 482 of the
BNSS/ 438(2) of the Code of Criminal Procedure, 1973,
subject to the further condition that he will co-operate in the
investigation.
7. The Superintendent of Police, Siwan will ensure
the recovery of the victim girl.
8. If the victim girl supports the case of the petitioner
in her statement, then the final order on the bail application of
the petitioner shall be considered by the concerned Court in
view of the statement made by the victim girl.
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9. Let a copy of this order be communicated to the
Superintendent Police, Siwan through FAX or e-mail for its
compliance.
(Sandeep Kumar, J)
P. Kumar
U T
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