Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26716 of 2026 Arising Out of PS. Case No.-20 Year-2023 Thana- BRAHMPURA District- Muzaffarpur ====================================================== Abhishek Kumar S/O Baldev Pandit Resident of Village- Karneji, P.S.- Belsar OP, District- Vaishali.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jyotsna Rani Mishra, Advocate For the Opposite Party/s :

Mr. Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-07-2026 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2.

The petitioner seeks bail in connection with S.T. No. 1070 of 2025, arising out of Bramhapura (Brahampura) P.S. Case No. 20 of 2023 instituted for the offence under Section 366 of the Indian Penal Code.

3.

The prosecution case, in brief, is that the informant alleged his wife, Chanda Kumari, who had a prior love affair with petitioner, went missing from her matrimonial home during the night of 28/29.04.2022. It is alleged that the accused enticed and kidnapped her with the intention of marrying her. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 27.06.2025. Petitioner

Patna High Court CR. MISC. No.26716 of 2026(5) dt.16-07-2026 2/3 bears no criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Learned counsel for the petitioner submits that, as a matter of fact, during investigation it is revealed that the victim came to the petitioner's house and thereafter petitioner informed her parents. It is further submitted that an altercation ensued between the victim and her parents, following which she allegedly committed suicide. Learned counsel for the petitioner submits that petitioner even took the victim to hospital for treatment. Charge sheet has already been submitted in this case under Sections 363, 306, 201, 120(B) & 34 of the Indian Penal Code.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and charge sheet being submitted under Section 306 of the IPC, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties

Patna High Court CR. MISC. No.26716 of 2026(5) dt.16-07-2026 3/3 of the like amount each to the satisfaction of Court below/concerned Court in connection with S.T. No. 1070 of 2025, arising out of Bramhapura (Brahampura) P.S. Case No. 20 of 2023, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T