Patna High Court
Pradeep KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was granted to the petitioner subject to bond and surety conditions.
Summary
Petitioner Pradeep Kumar was accused in Shahkund P.S. Case No. 254 of 2018 of kidnapping under Section 365 of the Indian Penal Code. He applied for anticipatory bail, claiming innocence and that no case under Section 365 was made out against him. The State opposed the bail. The court observed that the petitioner and the alleged victim were married and had two children. Considering these circumstances, the court granted anticipatory bail subject to a bond of Rs.10,000 and two sureties, and conditions under Section 482(2) of the Criminal Procedure Code.
Issues considered
- Whether anticipatory bail should be granted to the petitioner accused under Section 365 IPC.
- Whether the facts of marriage and children negate the applicability of Section 365 IPC.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 365
Subjects
- anticipatory bail
- kidnapping
- IPC 365
- marriage
- Section 482
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79249 of 2025
Arising Out of PS. Case No.-254 Year-2018 Thana- SHAHKUND District- Bhagalpur
======================================================
Pradeep Kumar S/o Bhola Mahto R/o Village- Ramna Tola, Ward No. 8, P.S.-
Mirganj, District- Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar Tiwary
For the Opposite Party/s : Ms. Renu Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 13-03-2026 Heard the learned counsel for the petitioner and
learned counsel for the State.
2. The petitioner apprehends arrest in connection with
Shahkund P.S. Case No. 254 of 2018 registered for offences
under Section 365 of the Indian Penal Code.
3. As per the prosecution case, the petitioner is
accused of kidnapping the victim girl.
4. Learned counsel for the petitioner submits that
petitioner is quite innocent and has not committed any offence.
He further submits that no case under Section 365 of the Indian
Penal Code is made out against the petitioner.
5. Learned APP for the State has vehemently opposed
the prayer for bail.
6. I have considered the submissions of the parties and
Patna High Court CR. MISC. No.79249 of 2025(3) dt.13-03-2026
2/2
have gone through the records of the case. From the impugned
order, it appears that the petitioner and the victim have got
married, and they have two children also.
7. In view of the above,, this application for
anticipatory bail stands allowed.
8. Accordingly, let the petitioner, above-named, in the
event of arrest or surrender within four weeks from today in the
Court below, be released on anticipatory bail on furnishing bail
bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of
the like amount each to the satisfaction of learned Court below
where the case is pending/successor Court in connection with
Shahkund P.S. Case No. 254 of 2018 subject to the conditions as
laid down under Section 482(2) of the BNSS.
(Sandeep Kumar, J)
Shishir/-
U
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