Patna High Court
Vikam KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner subject to the conditions prescribed under Section 482(2) of the BNS.
Summary
Vikam Kumar sought anticipatory bail after an FIR was lodged under Section 137(2) of the Bharatiya Nagarik Suraksha Sanhita (BNS) alleging that he kidnapped the informant's daughter to force a marriage. The prosecution’s case was that the accused abducted the girl for matrimonial purposes. The petitioner contended his innocence, and the victim’s statement recorded under Section 164 of the Criminal Procedure Code disclosed that she voluntarily left her home, was in love with the petitioner, and married him of her own free will. The petitioner also claimed a clean antecedent. The court, noting the victim’s statement and the circumstances, granted anticipatory bail, directing that if arrested within eight weeks the petitioner could be released on a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the BNS.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita in view of the victim’s voluntary statement and the alleged kidnapping charge under Section 137(2).
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 137(2), 482(2)
- Code of Criminal Procedure, 1973 — s. 164
Subjects
- anticipatory bail
- kidnapping
- marriage
- victim statement
- Section 137
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91819 of 2025
Arising Out of PS. Case No.-543 Year-2025 Thana- RAJAOLI District- Nawada
======================================================
Vikam Kumar Son of Akhilesh Singh R/o Village - Simarkol, P.S. - Rajauli,
Dist. - Nawada.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar Verma, Advocate
For the Opposite Party/s : Mr. Umanath Mishra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 20-01-2026 Heard learned counsel for the petitioner and the
State .
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 137 ( 2 ) of BNS.
3 . Prosecution case , in brief, is that all the F.I.R.
named accused persons kidnapped daughter of informant for the
purpose of marriage .
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence as alleged.
The victim in her statement recorded under section 164 Cr. P C
has denied the factum of kidnapping and stated that she was in
love with this petitioner and on her own sweet will, she left her
house and had gone to this petitioner and solemnized marriage
and both of them are living together as husband and wife .
Patna High Court CR. MISC. No.91819 of 2025(2) dt.20-01-2026
2/2
Petitioner claims clean antecedent.
5. Learned A.P.P. for the State does not dispute the
contention made on behalf of the petitioner.
6. Considering the aforesaid facts , statement of the
victim recorded under section 164 Cr.PC and circumstances of
the case, this anticipatory bail is allowed and it is ordered that
let 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 learned CJM, Nawada in
connection with Rajauli P. S. Case No. 543 of 2025 , subject to
condition as laid down under Section 482(2) of the Bharatiya
Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Koushik/-
U T
Checking your session…