Patna High Court
Kundan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner, subject to a bail bond and sureties, under the conditions prescribed in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
The petitioner, Kundan Kumar, was implicated in a case (PS Case No. 378 of 2025) alleging kidnapping of the minor daughter of an informant, under Sections 137(2) and 140(3) of the Bharatiya Nyaya Sanhita. The petitioner feared arrest and applied for anticipatory bail, contending his innocence and asserting a consensual love relationship with the alleged victim, who had recorded a statement under Section 183 BNSS denying the prosecution's version. The State opposed the bail. The court considered the victim's statement, the petitioner’s clean antecedents, and the nature of the allegations, and consequently granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The order directed that if the petitioner is arrested or surrenders within eight weeks, he shall be released on bail on compliance with the stipulated conditions.
Issues considered
- What is the appropriateness of granting anticipatory bail to the petitioner under the circumstances, including the victim's statement recorded under Section 183 of the Bharatiya Nyaya Sanhita?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 137(2), 140(3), 183
Subjects
- anticipatory bail
- criminal procedure
- kidnapping
- victim statement
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- Section 182
- Section 183
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85861 of 2025
Arising Out of PS. Case No.-378 Year-2025 Thana- DHANARUA District- Patna
======================================================
Kundan Kumar Son of Sakaldip Yadav Resident of Village - Dumra, P.S.-
Dhanarua, Dist.- Patna, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vishal Prasad, Advocate
For the Opposite Party/s : Mr. Jharkhandi Upadhyay, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 16-03-2026 At the outset, learned counsel for the petitioner seeks
for and is granted permission to make necessary correction in
the satisfaction portion of the main petition.
2. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
3. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 137(2), 140(3) of the
Bharatiya Nyaya Sanhita.
4. It is alleged that minor daughter of informant was
taken away by one unknown person with whom she used to talk
on mobile phone.
5. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. As a matter
of fact, there was love affair between petitioner and daughter of
Patna High Court CR. MISC. No.85861 of 2025(3) dt.16-03-2026
2/2
the informant and during course of investigation, victim in her
statement, recorded under Section 183 BNSS, has denied the
prosecution case and stated that she was in love with this
petitioner and she went to Surat with him. Petitioner claims
clean antecedent.
6. Learned A.P.P. for the State vehemently opposed
the bail application.
7. Considering statement of the victim recorded under
Section 183 BNSS, this anticipatory bail is allowed and it is
ordered that the above named petitioner in the event of his
arrest/surrender before the court below 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 Sub-Divisional Judicial
Magistrate, Masaurhi, Patna in connection with Dhanarua P. S.
Case No. 378 of 2025, subject to condition as laid down under
Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
(Prabhat Kumar Singh, J)
Navya/-
U T
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