Dharmendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4527 of 2026 Arising Out of PS. Case No.-257 Year-2025 Thana- MALAHI District- East Champaran ====================================================== Dharmendra Kumar Son of Ramnath Mukhiya R/o Village - Ramsiriya Bin Toli, P.S. - Malahi, Dist. - East Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

XYZ Son of Late Raghunath Ram R/o Village - Chatiya Tola Math, P.S. - Malahi, Dist. - East Champaran.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bal Govind Sharma, Advocate For the Opposite Party/s :

Mr. Ajit Kumar, A.P.P.

For the O.P. No. 2 :

Mr. Vijay Shankar Shrivastava, Ms. Nisha Verma, Advocates ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-04-2026 Heard learned counsel for the petitioner, opposite party no. 2 and the State.

2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 137(2), 87 of the Bharatiya Nyaya Sanhita and Sections 4, 5 of the Protection of Children from Sexual Offences Act.

3. Prosecution case, in brief, is that on 15.07.2025 at about 4 AM, minor daughter of the informant went to attend nature's call but did not return. Upon inquiry, informant came to know that this petitioner kidnapped his minor daughter.

4. 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 the daughter

Patna High Court CR. MISC. No.4527 of 2026(3) dt.06-04-2026 2/2 of informant. Both of them fled away, went to Goa and solemnized marriage. Victim in her statement recorded under Section 183 BNSS, has denied the prosecution case and stated that she has solemnized marriage with this petitioner and they are living together as husband and wife. Petitioner claims clean antecedent.

5. Learned counsel for the opposite party no. 2 vehemently opposed the bail application.

6. Considering statement of the victim recorded under Section 183 BNSS, 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 6th District and Additional Sessions Judge-cum-Exclusive Special Judge, POCSO Act, East Champaran, Motihari in connection with Malahi P. S. Case No. 257 of 2025, subject to condition as laid down under Section 482(2) of the BNSS.

(Prabhat Kumar Singh, J) Navya/- U T