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Patna High Court

Vikash KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to strict conditions.

Summary

Vikash Kumar was arrested on 26 June 2025 in connection with a kidnapping case under Sections 87 and 3(5) of the Bharatiya Nyay Sanhita, 2023, alleged to have abducted his daughter‑in‑law for marriage. The petitioner claimed he had a clean antecedent and that the allegations were false, pointing out contradictions in the victim’s statements recorded under Sections 180 and 183 of the same Act. The prosecution opposed the bail application, arguing the seriousness of the offence. The High Court, after considering the facts, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding cooperation with the trial, non‑tampering with evidence, and verification of criminal antecedent. The order also stipulated cancellation of bail for non‑appearance on two consecutive dates without sufficient cause.

Issues considered

  • Whether bail should be granted to the accused under Sections 87 and 3(5) of the Bharatiya Nyay Sanhita, 2023 in view of the alleged kidnapping and the circumstances of the case.

Legislation cited

Subjects

  • bail
  • kidnapping
  • marriage
  • false allegations
  • criminal antecedent
  • Bharatiya Nyay Sanhita
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.77929 of 2025
                      Arising Out of PS. Case No.-60 Year-2025 Thana- PARSATHUA District- Rohtas
                 ======================================================
                 Vikash Kumar Son of Sri Niwash Paswan @ Manish Paswan Village -Agrer
                 PS -Agrer District- Rohtas

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Krishna Prasad Singh, Sr. Advocate
                                          :       Mr. Rakesh Singh, Advocate
                 For the Opposite Party/s :       Mr. Anil Kumar Singh No. 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   22-01-2026                          Heard Mr. Krishna Prasad Singh, learned senior

                   counsel for the petitioner as well as Mr. Anil Kumar Singh No.

                   1, learned Additional Public Prosecutor for the State.

                                2. Petitioner seeks bail who is in custody since

                   26.06.2025 in connection with Parsathua P.S. Case No. 60 of

                   2025, F.I.R. dated 23.06.2025 for the offences punishable under

                   Sections 87 and 3(5) of the Bharatiya Nyay Sanhita, 2023.

                                3.      According to prosecution case, the informant

                   alleged that the petitioner kidnapped her daughter-in-law for the

                   purpose of marriage.

                                4. Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and he has falsely been

                   implicated in the present case. The allegation levelled against
Patna High Court CR. MISC. No.77929 of 2025(3) dt.22-01-2026
                                            2/3




          the petitioner is false and fabricated. The victim is a married

          lady and it appears from the FIR that victim is traceless since

          20.06.2025 and she appeared before police on 25.06.2025. As

          per allegation the petitioner took the victim to Hyderabad by

          train and when she got knowledge that her family members have

          lodged the present case, she returned back. Infact the petitioner

          was in relation with the victim before her marriage and

          statement of the victim was recorded before the doctor, in which

          she has stated that she was in relationship with the petitioner

          since long and from bare perusal of her statement recorded

          under Section 180 and 183 of BNSS, it appears that both the

          statements are contradictory to each other. He further submits

          that the police after investigation submitted the charge sheet and

          the petitioner is in custody since 26.06.2025.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioner, above named, be released on bail on furnishing

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

          the like amount each to the satisfaction of the learned A.C.J.M.,

          Rohtas, Sasaram in connection with Parsathua P.S. Case No. 60

          of 2025, subject to the following conditions:-
            Patna High Court CR. MISC. No.77929 of 2025(3) dt.22-01-2026
                                                        3/3




                                   i. Petitioner shall co-operate in the trial and shall be

                      properly represented on each and every date fixed by the court

                      and shall remain physically present as directed by the court and

                      on his absence on two consecutive dates without sufficient

                      reason, his bail bond shall be cancelled by the Court below.

                                   ii. If the petitioner tampers with the evidence or the

                      witnesses, in that case, the prosecution will be at liberty to

                      move for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioner and in case at

                      any stage it is found that the petitioner has concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T


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