Patna High Court
Vikash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bharatiya Nyay Sanhita, 2023 — s. 180, 183, 3(5), 87
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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