Patna High Court
Solu Kumar @ Ashik @ Solu Kumar AsikversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
The petitioner, Solu Kumar (also known as Ashik), was arrested in connection with a case registered under Sections 139 and 87 of the B.N.S. Act, based on an informant's allegation that his niece had gone missing after being seen with the petitioner. The prosecution alleged that the petitioner’s parents threatened the informant, while the petitioner contended that the allegations were false and that the alleged victim, a major, had voluntarily left the village, married, and was pregnant. The petitioner further submitted that he had no prior criminal record and had been in custody since 27 June 2025. The State opposed the bail application, arguing the seriousness of the offences. The Court, after considering the facts, directed that bail be granted on a bond of Rs. 10,000 with two sureties, subject to conditions of personal appearance, cooperation with investigation, and verification of antecedents. The order emphasized that any observations made would not affect the trial and the application was allowed.
Issues considered
- Whether bail should be granted to the petitioner in a case under Sections 139 and 87 of the B.N.S. Act.
- Whether the alleged victim's statements and circumstances justify denial of bail.
Legislation cited
- B.N.S. Act — s. 139, 183, 87
Subjects
- bail
- Criminal Procedure Code
- B.N.S. Act
- Section 139
- Section 87
- false implication
- pregnancy
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85233 of 2025
Arising Out of PS. Case No.-487 Year-2024 Thana- NAWADA MUFFASIL District- Nawada
======================================================
Solu Kumar @ Ashik @ Solu Kumar Asik S/o Pappu Singh Residetn of
Village- Gangarampur, P.S- Narhat, District- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Parashuram Singh, Adv.
For the Opposite Party/s : Mr.Ram Sumiran Rai, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 05-01-2026 Heard learned counsel for the petitioner and
learned A.P.P for the State.
2. The petitioner seeks bail in connection with
Muffasil P.S. Case No. 487 of 2024 dated 13.12.2024
registered for the offences punishable under Sections 139 and
87 of the B.N.S. Act.
3. As per the prosecution case, the informant has
alleged that his niece (bhagini) had gone for coaching but she
did not return. It is further alleged that she was seen outside
the village along with Solu Kumar @ Ashik @ Solu Kumar
Asik (petitioner). It is further alleged that parents of the said
accused, Solu Kumar threatened and abused the informant.
Patna High Court CR. MISC. No.85233 of 2025(2) dt.05-01-2026
2/3
4. Learned counsel for the petitioner submits that
the petitioner has falsely been implicated in the present case
and no such incident as alleged has occurred. It is further
submitted that the victim girl is a major and she has gone out
along with the petitioner of her own sweet will and
solemnized marriage in Deoghar on 09.01.2025. It has been
pointed out that the statement of the victim was recorded
under Section 183 of the B.N.S.S., wherein she has
categorically stated that she is four months pregnant and she
does not want to go back to her village as she fears danger to
her life. It is next submitted that a male child was born out of
the said wedlock and the victim girl is living at her sasural. It
has lastly submitted that the petitioner has no criminal
antecedent and the petitioner is in custody since 27.06.2025.
5. Learned A.P.P. has vehemently opposed the
prayer for bail of the petitioner.
6. Considering the facts and circumstances of the
case, the petitioner is directed to be released on bail on his
furnishing bail bonds in the sum of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned A.C.J.M.-1, Nawada in connection with
Muffasil P.S. Case No. 487 of 2024 subject to the following
Patna High Court CR. MISC. No.85233 of 2025(2) dt.05-01-2026
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terms and conditions :-
(i) One of the bailors will be a close relative of the
petitioner.
(ii) The petitioner shall remain physically present
before the concerned Court on each and every date of the trial
and shall cooperate in the investigation.
(iii) In case of absence on two consecutive dates or in
violation of the terms of the bail, the bail bond of the petitioner
will liable to be cancelled by the Court concerned.
(iv) The trial court shall verify the criminal antecedent
of the petitioner and in case, at any stage, it is found that the
petitioner has concealed his criminal antecedents, the trial court
shall take necessary steps for cancellation of bail bond of the
petitioner. However, the acceptance of bail bond in terms of the
above mentioned order shall not be delayed for purpose of or in
the name of verification.
7. It is made clear that the observations, if any,
made in this order, shall be of no bearing during the trial.
8. The application stands allowed.
(Sourendra Pandey, J)
Gautam/-
U T
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