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Patna High Court

Govind KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court refused to grant anticipatory bail to the petitioner.

Summary

The petitioner, Govind Kumar, applied for anticipatory bail in a case registered under Sections 137(2) and 87 of the Indian Penal Code alleging kidnapping and abduction of the informant's daughter. He claimed a clean record, asserted that the victim voluntarily eloped, and alleged false implication by the informant. The State opposed the bail, relying on the victim’s statement recorded under Section 183 of the CrPC, which supported the prosecution’s version that the petitioner had previously abducted the daughter. The court examined the statements and the seriousness of the alleged offences. Finding the victim’s testimony credible and the allegations serious, the court declined to grant anticipatory bail. Consequently, the petitioner’s bail application was rejected.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in a case of alleged kidnapping and abduction under Sections 137(2) and 87 IPC.
  • Whether the victim’s statement under Section 183 CrPC negates the petitioner’s claim of voluntary elopement and false implication.

Legislation cited

Subjects

  • anticipatory bail
  • kidnapping
  • abduction
  • IPC
  • CrPC
  • victim statement
  • false implication

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9775 of 2026
                    Arising Out of PS. Case No.-936 Year-2025 Thana- AHIYAPUR District- Muzaffarpur
                 ======================================================
                 Govind Kumar Son of Pawan Sah Resident of Village- Singhaula, P.S.-
                 Motipur, District- Muzaffarpur
                                                                    ... ... Petitioner/s
                                                Versus
                 The State of Bihar                         ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Alok Kumar Alok
                 For the Opposite Party/s :       Mr.Uday Pratap Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   27-04-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of his

                   arrest in Ahiyapur P. S. Case No.936 of 2025 registered for the

                   offences punishable under Sections 137(2) and 87 of the Indian

                   Penal Code.

                                3. The learned counsel for the petitioner submits that

                   the petitioner is a person with clean antecedent and the

                   informant alleges that petitioner came to his house on

                   06.07.2025 and requested him to allow to sleep in the house.

                   The petitioner was allowed to sleep in the house as he was

                   neighbour of informant’s brother, but in the night he fled with

                   informant’s daughter leaving his motorcycle.

                                4. The learned counsel for the petitioner submits that

                   petitioner has been falsely implicated in the instant case by the
Patna High Court CR. MISC. No.9775 of 2026(3) dt.27-04-2026
                                            2/3




          informant. It is next submitted that victim is a married lady. It is

          also submitted that they were known to each other and it was at

          the call of the victim that the petitioner stayed back in the house

          in the night and thereafter victim on her own volition eloped.

                       5. Learned A.P.P. vehemently opposes the anticipatory

          bail application and submits that informant specifically alleges

          that on 06.07.2025, the petitioner came to his house and

          requested him to allow him to sleep in the house, since

          petitioner was neighbour of the brother of the informant, hence

          the informant trusting the petitioner allowed to sleep in his

          house, but then he committed the said act of abducting the

          daughter of the informant. The learned A.P.P. further submits

          that the case was taken up on 30.03.2026 and the statement of

          the victim recorded under Section 183 BNSS was called for. The

          learned A.P.P. further after perusing the statement of the victim

          recorded under Section 183 BNSS submits that victim has

          supported the case of the prosecution and has stated that

          petitioner about two months back had come to her house in the

          night and had committed wrong and thereafter he again came

          back and took her out of the house and left her at the station

          where his sister came and picked up her. The learned A.P.P. thus

          submits that victim is not supporting the petitioner in any
               Patna High Court CR. MISC. No.9775 of 2026(3) dt.27-04-2026
                                                           3/3




                         manner and the investigation of the case is continuing.

                                      6. At this stage, the learned counsel appearing on

                         behalf of the petitioner submits that from perusal of the

                         statement of the victim recorded under Section 183 BNSS, it

                         would manifest that the victim though has supported the case of

                         the prosecution but then has not stated about the present

                         occurrence rather has stated that about two months back the

                         petitioner comitted wrong on which the learned A.P.P. submits

                         that specific allegation is alleged in the FIR that on 06.07.2025,

                         the petitioner came to his house and requested him to allow him

                         to sleep and later he abducted his daughter leaving behind his

                         motorcycle which amply demonstrates that the presence of the

                         petitioner in the house of the informant.

                                      7. Considering the submissions made by the learned

                         A.P.P., the Court is not inclined to extend the privilege of

                         anticipatory bail to the petitioner.

                                      8. The prayer of the petitioner for anticipatory bail

                         stands rejected.


                                                   (Satyavrat Verma, J)
vikash/-

U          T


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