Abhishek Kumar @ Abhishek Kumar SahversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.81309 of 2025
                       Arising Out of PS. Case No.-399 Year-2025 Thana- MAHUA District- Vaishali
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                 Abhishek Kumar @ Abhishek Kumar Sah S/O Shyam Milan Sah R/O Vill.
                 and P.O.- Samaspura, P.S.- Mahua, Dist.- Vaishali.

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Meena Khatoon wife of Md. Kurban Village- Samaspur, P.S.- Mahua,
                 Vaishali

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :       Mr.Rajeev Ranjan Sinha
                 For the Opposite Party/s :       Mr.Madhura Nand Jha
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

4   06-07-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence under Sections 87, 137(2), 3(5) of the

                   Bhartiya Nyaya Sanhita, 2023.

                                3. As per the allegation made in the F.I.R., this

                   petitioner along with other co-accused kidnapped the daughter

                   of the informant.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has been falsely implicated in this

                   case. During investigation, the victim was recovered and

                   thereafter, her statement under Section 180 of B.N.S.S. was
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          recorded, in which, she has stated that no one has kidnapped her

          and had gone to Siliguri, out of her own will, at the house of her

          maternal uncle. However, in the statement recorded under

          Section 183 B.N.S.S., the victim has taken different stand and

          stated that this petitioner along with co-accused Sujeet Kumar

          and Shabana Khatoon took her to the market on pretext of

          taking ice-cream, but forcibly sat her in a vehicle after snatching

          her mobile phone. Thus, there is contradiction in the statement

          of victim under Sections 180 and 183 of B.N.S.S. Similarly

          situated co-accused Sujeet Kumar has already been granted

          anticipatory bail by a coordinate Bench of this Court, vide order

          dated 03.12.2025 passed in Cr.Misc. No. 79061 of 2025.

          Petitioner claims clean antecedent.

                       5. Learned A.P.P. for the State has opposed the bail

          petition.

                       6. Considering the contradiction in the statement of

          victim recorded under Sections 180 and 183 B.N.S.S. and the

          fact that co-accused Sujeet Kumar has been granted anticipatory

          bail by a coordinate Bench of this Court as also the fact that

          petitioner claims clean antecedent, the prayer for anticipatory

          bail of petitioner is allowed.

                       7. Accordingly, let the above named petitioner, in the
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                     event of arrest/surrender within a period of eight weeks from

                     today, be enlarged on bail on furnishing bail-bond of Rs.

                     10,000/- (ten thousand) with two sureties of the like amount

                     each to the satisfaction of learned A.C.J.M. - IV, Vaishali at

                     Hajipur in connection with Mahua P.S. Case No. 399 of 2025,

                     subject to condition as laid down under Section 482 of the

                     Bhartiya Nagrik Suraksha Sanhita, 2023.



                                                      (Prabhat Kumar Singh, J)
anay

U      T