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Patna High Court

Prince Kumar @ Prince KurmiversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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.
           Patna High Court CR. MISC. No.66139 of 2025(4) dt.24-02-2026
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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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