Patna High Court
Vikash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
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
- Code of Criminal Procedure, 1973 — s. 164, 438(2)
- Indian Penal Code — s. 363, 366A
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
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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
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(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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