Abhishek Kumar @ Vishwajeet Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26635 of 2025 Arising Out of PS. Case No.-101 Year-2024 Thana- TARARI District- Bhojpur ====================================================== Abhishek Kumar @ Vishwajeet Kumar Son of Vijay Singh @ Vijay Kumar Singh Resident of Village- Bagsanda Police Station -Tarari, Dist- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar Singh, Advocate For the Opposite Party/s :
Mr. Khurshid Anwar, APP :
Mr. Dhirendra Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 20-08-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending his arrest in connection with Tarari P.S. Case No. 101 of 2024 for the offence under sections 366(A), 379/34 of the Indian Penal Code lodged on 07.05.2024 by the informant, Rohit Kumar.
3. As per the prosecution story, the informant alleged that the victim girl, a minor, was forcibly taken away by the petitioner for the purpose of marriage. She also left the place with gold chain and Rs.15,000/- (Rupees Fifteen Thousand), this led to the FIR.
4. Subsequently, the victim girl re-appeared and made a statement that she moved along with the petitioner to Mumbai,
Patna High Court CR. MISC. No.26635 of 2025(3) dt.20-08-2025 2/3 though claims that the petitioner forced marriage upon her, the subsequent affidavit shows that the girl is now presently residing with the petitioner and a notarized affidavit has also been annexed in support of that.
5. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and presently both are staying together.
6. Learned APP opposes the prayer submitting that the girl is minor.
7. Though, the girl is minor, considering the statement of the victim girl that they moved to Mumbai, resided together and then, after the parents came to Mumbai, moved back to home and appeared before the police, the affidavit shows that presently they are residing together, in that background, FIR is there, accused shall be facing the trial, this Court is inclined to extend him the privilege of anticipatory bail with conditions.
8. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Arrah in connection with Tarari P.S. Case No.101 of 2024
Patna High Court CR. MISC. No.26635 of 2025(3) dt.20-08-2025 3/3 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) anand/- U T