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Patna High Court

Golu Kumar @ Golu Kumar RayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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