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Patna High Court

Kundan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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