Patna High Court
Prince KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SANDEEP KUMAR
Holding
The application is disposed, directing the petitioner to seek verification of the compromise in the lower court, which may then grant anticipatory bail subject to statutory conditions.
Summary
Prince Kumar, the petitioner, feared arrest in Beur Police Station Case No. 228 of 2025, where he was charged under Sections 137(2) and 87 of the BNS for alleged kidnapping of a girl. He contended that he was falsely implicated, asserting that he and the victim were in a marital relationship and that the victim had recently stated the dispute was settled, leading to a compromise petition. The court considered these submissions and directed the petitioner to approach the lower court to file an application seeking verification of the compromise by the informant. The lower court, upon such verification, may grant anticipatory bail subject to a bail bond of Rs. 10,000 with two sureties and conditions under Section 438(2) of the CrPC and Section 482 of the BNSS. The application was therefore disposed, granting the petitioner liberty to pursue the compromise route.
Issues considered
- What is the appropriate procedure for granting anticipatory bail when a compromise between the accused and the complainant is claimed?
- Whether the lower court should verify the compromise before granting anticipatory bail under Section 438(2) CrPC and Section 482 BNSS.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- compromise
- kidnapping
- Criminal Procedure
- Section 438
- Section 482
- BNS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73510 of 2025
Arising Out of PS. Case No.-228 Year-2025 Thana- BEUR District- Patna
======================================================
Prince Kumar Son of Dharmendra Kumar Village -Mera Post -Palianganj PS
-Palianganj Distt- patna
... ... Petitioner/s
Versus
The State of Bihar bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pintu Kumar Patel
For the Opposite Party/s : Mr.Sanjay Kumar Tiwary
Mr. Shyam Kumar Singh.
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 12-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Beur P.S. Case No. 228 of 2025 registered for
the offence under Sections 137(2), 87 of the BNS.
3. As per the prosecution case, the petitioner is
accused of kidnapping the victim girl.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely
been implicated in this case. He further submits that the
petitioner and victim were in a relationship and they have got
married also. He next submits that the victim girl has recently
given her statement that the informant and the petitioner have
Patna High Court CR. MISC. No.73510 of 2025(4) dt.12-02-2026
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settled their disputes and a compromise petition has also been
filed to this effect.
5. Considering the aforesaid facts, this application
is disposed with a liberty to the petitioner to approach the
concerned Court below by way of filing an application
regarding the compromise. If such an application is filed then
the same shall be considered by the concerned Court below and
the factum of compromise shall be verified by the court below
from the informant. If the informant supports the factum of
compromise then the Court below will release the petitioner on
anticipatory bail in connection with Beur P.S. Case No. 228 of
2025, upon furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the jurisdictional investigating officer, subject to the conditions
laid down in Section 438(2) of the Code of Criminal Procedure,
1973 / Section 482 of the BNSS.
(Sandeep Kumar, J)
Vikas/-
U
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