Vishal Bin @ Vishal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25461 of 2025 Arising Out of PS. Case No.-97 Year-2024 Thana- SAHODARA District- West Champaran ====================================================== Vishal Bin @ Vishal Kumar S/o Nandu Bin R/o vill - Khadwa Tola, ward no. 11, P.S. - Sahodara, Distt.- West Champaran ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
X W/o Harendra Kushwaha R/o vill - Khadwa tola, P.s.- Sahodara, Distt.- West Champaran ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bimlesh Kumar Pandey For the Opposite Party/s :
Mr. Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-12-2025
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Sahodara Police Station Case No. 97 of 2024, disclosing offences under Sections 137(2), 96, 351(2), 352, 2(5), 65(1) of the BNS, 2023 and Section 4 of the POCSO Act.
3. As per the allegation made in the FIR, the daughter of the informant was kidnapped by the petitioner on 08.11.2024 for the purpose of marriage.
4. Learned counsel for the petitioner submits that there was adolescent love between the petitioner and the victim girl as both were studying in the same school. The victim girl
Patna High Court CR. MISC. No.25461 of 2025(5) dt.18-12-2025 2/3 returned and her statement under Section 180 of the BNSS was recorded by the Mahila Police in which she has stated that she was in love with the petitioner due to which her parents wanted to solemnize her marriage with another boy, as such, she voluntarily went with the petitioner to Delhi and stayed there and subsequently returned.
5. Learned counsel for the state has supported the statement made by the petitioner and submits that in her statement, the victim girl has not said anything against the petitioner that she was forcibly kidnapped by him.
6. Having regard to the submissions made on behalf of the parties and taking into consideration the statement of the victim girl recorded under Section 180 of the BNSS, I am inclined to grant the petitioner privilege of anticipatory bail.
7. This application is, accordingly, allowed.
8. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released 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 Exclusive Special Judge Rape and POCSO, Bettiah, West Champaran, in connection with Sahodara Police Station Case No. 97 of 2024, subject to the
Patna High Court CR. MISC. No.25461 of 2025(5) dt.18-12-2025 3/3 condition laid down under Section 438 (2) of the Code of Criminal Procedure/Section 482(2) of the BNSS, 2023. (Anil Kumar Sinha, J) HarshPandey/- U T