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Patna High Court

Vikash KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner subject to conditions under Section 438(2) of the Cr.P.C.

Summary

Vikash Kumar was arrested in connection with a case filed under IPC sections 363 and 366(A) and section 8 of the POSCO Act, based on an FIR lodged by Satyendra Bharti alleging that Kumar forced the minor girl Nishu Kumari to marry him. The girl later gave a statement under Section 164 of the Cr.P.C. that she had married the petitioner, which the petitioner used to seek anticipatory bail. The opposite party contested, claiming the girl was a minor at the time of the alleged offence. The High Court, noting the petitioner’s clean record, the marriage statement, and the conditions under Section 438(2) Cr.P.C., granted anticipatory bail with strict conditions. The order required a bail bond, sureties, cooperation with police, regular court appearances, and prohibition against tampering with evidence or committing further offences.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner despite allegations of kidnapping and forced marriage involving a minor.
  • Whether the statement under Section 164 of the Cr.P.C. indicating marriage negates the alleged offence under IPC and POSCO Act.

Legislation cited

Subjects

  • anticipatory bail
  • kidnapping
  • forced marriage
  • minor
  • Section 164
  • Section 438
  • POSCO Act
  • Criminal Procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.68398 of 2025
                    Arising Out of PS. Case No.-721 Year-2022 Thana- WARISLIGANJ District- Nawada
                 ======================================================
                 Vikash Kumar Son of Baleshwar Prasad Resident Of Village Nagdih, P.S. -
                 Barbigha, District - Sheikhpura.

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Satyendra Bharti Son of Late Basudev Bharti Resident Of Village - Pangri,
                 P.S. - Warsiliganj, District - Nawada.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Sheo Kumar Prasad, Advocate
                 For the Opposite Party/s :      Mr.Ram Bilash Roy Raman, APP
                 For the Informant        :      Mr. Alok Kumar Jha, Advocate
                                       Mr. Vakil Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   11-02-2026                   Heard Mr.Sheo Kumar Prasad, learned counsel for

                   the petitioner, the State as also Mr. Alok Kumar Jha duly

                   assisted by Mr. Vakil Kumar for the informant.

                                2. The petitioner is apprehending arrest in connection

                   with Warisaliganj P.S. Case No 721/2022 instituted under

                   Sections 363, 366(A) of the I.P.C. and 8 of the POSCO Act

                   lodged on 07.12.2022 by the informant,Satyendra Bharti.

                                3. As per the prosecution story, the informant alleged

                   that on call from this petitioner, the daughter, Nishu Kumari left

                   the place. Further, they threatened of dire consequences, if she is

                   not married to the petitioner. This led to the FIR.

                                4. Learned counsel for the petitioner submits that they
Patna High Court CR. MISC. No.68398 of 2025(3) dt.11-02-2026
                                            2/3




          were in relationship, the girl is major and only to implicate, 17

          years age has been recorded. He has taken this Court to the

          learned Sessions Judge order to show that the girl under section

          164 of the Cr.P.C. has informed the Court that she has married

          the petitioner.

                       5. Earlier, a coordinate bench had issued notice to the

          opposite party no.2 who has appeared and opposes the prayer

          submitting that she was minor at the time of occurrence.

                       6. Allegation is there, the petitioner will be facing the

          trial, he is 25 years of age having no criminal antecedent, the

          girl has made statement under section 164 of the Cr.P.C. that she

          has married the petitioner, in that background, this Court is

          inclined to extend him the privilege of anticipatory bail.

                       7. Let the petitioner be released on bail, in the event

          of his arrest or surrender before the concerned court within a

          period of four weeks from the receipt of this order, on furnishing

          bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

          the like amount each in connection with Warisaliganj P.S. Case

          No 721/2022 to the satisfaction of learned Additional District

          and Sessions Judge-VIth cum Special POSCO Judge, Nawada

          subject to the conditions as laid down under Section 438(2) of

          the Cr.P.C. as also the other conditions.
             Patna High Court CR. MISC. No.68398 of 2025(3) dt.11-02-2026
                                                         3/3




                                    (i) one of the bailor should be the family

                       member/relative of the petitioner who shall provide official

                       document (Aadhar Card/Driving License/Voter ID/Pan Card

                       etc.) to show his/her bona fide;

                                    (ii) the petitioner shall be appearing before the police

                       station for cooperating in the investigation as and when

                       required;

                                    (iii) the petitioner shall appear on each and every date

                       before the Trial Court and failure to do so for two consecutive

                       dates without plausible reason will entail cancellation of his

                       bail bond by the Trial Court itself;

                                    (iv) the petitioner shall in no way try to induce or

                       promise or threat the witnesses or tamper with the evidences,

                       failing which the State shall be at liberty to take steps for

                       cancellation of the bail bonds;

                                    (v) the petitioner shall desist from committing any

                       criminal offence again, failing which the State shall be at liberty

                       to take steps for cancellation of his bail bonds.



                                                      (Rajiv Roy, J)
Ravi/-

U        T


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