Patna High Court
Golu Kumar @ Golu Kumar RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner subject to the stipulated conditions.
Summary
The petitioner, Golu Kumar, was accused of kidnapping the minor granddaughter of an informant under Section 366A of the Indian Penal Code. He applied for anticipatory bail, arguing that the victim, in a statement recorded under Section 164 of the Criminal Procedure Code, denied the prosecution's version and said she had run away due to family pressure. The State opposed the bail. The court considered the victim's statement and the petitioner's clean antecedents, and granted anticipatory bail subject to a bail bond of Rs.10,000, two sureties, and compliance with conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita and the POCSO Court. The order directs that the petitioner be released on bail if arrested within eight weeks.
Issues considered
- Whether anticipatory bail should be granted to the petitioner accused under Section 366A IPC in view of the victim's statement under Section 164 CrPC.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 164
- Indian Penal Code — s. 366A
Subjects
- anticipatory bail
- kidnapping
- Section 366A IPC
- victim statement
- Section 164 CrPC
- Bharatiya Nagarik Suraksha Sanhita
- POCSO
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8588 of 2026
Arising Out of PS. Case No.-51 Year-2024 Thana- PARSA District- Saran
======================================================
Golu Kumar @ Golu Kumar Ray S/o Sri Lal Babu Ray R/o vill - Turki, P.S.-
Berwa, P.O.- Dariyapur, Distt.- Saran, Bihar
... ... Petitioner/s
Versus
1. The State of Bihar
2. Harihar Singh S/o Bhaji Singh R/o vill- Bhikhari, P.S- Parsa
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vaibhava Veer Shanker, Advocate
For the Opposite Party/s : Mr. Uday Chand Prasad, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 23-02-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Section 366A of Indian Penal
Code.
3. It is alleged this petitioner kidnapped minor
granddaughter of informant.
4. Learned counsel appearing for the petitioner
submits that after recovery, victim in her statement, recorded
under Section 164 of Cr.P.C., has denied the prosecution case
and has categorically stated that she herself ran away from the
house due to family pressure of marriage with some lunatic and
after running away, she was staying with her aunt. Petitioner
claims clean antecedent.
Patna High Court CR. MISC. No.8588 of 2026(2) dt.23-02-2026
2/2
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering statement of the victim recorded under
Section 164 of Cr.P.C., 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 POCSO Court, Saran at
Chapra in connection with Parsa Thana P. S. Case No. 51 of
2024, 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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