Vivek Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32482 of 2026 Arising Out of PS. Case No.-234 Year-2025 Thana- PANAPUR District- Saran ====================================================== Vivek Kumar S/o Bijendra Ray Resident of Village - Bardhaiyan Tola, Piperpali, P.O. - Bardhaiyan, Mirzapur, P.S. - Marthakra, District - Saran, Bihar.
... ... Petitioner
Versus
1.
The State of Bihar.
2.
Urmila Devi W/o Jamadar Ray Resident of Village - Bardhaiyan Tola, Piperpati, P.S. - Madhaura, District - Saran, Bihar. ... ... Opposite Parties ====================================================== Appearance :
For the Petitioner :
Mr. Dinesh Kumar, Advocate Mr. Prakash Chandra, Advocate Mr. Amrendra Kumar, Advocate Ms. Ranjana Singh, Advocate For the State :
Mr. Rajiv Nayan, APP For the Informant :
Mr. Yashraj Bardhan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 15-05-2026 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant.
2. In the present case, the petitioner seeks bail in connection with Panapur P.S. Case No. 234 of 2025, dated 19.07.2025, registered for the offence punishable under Section 96 of the B.N.S., 2023.
3. As per the prosecution case, the minor daughter of the informant went missing from the house of her maternal uncle where she had been staying. Subsequently, the informant came to know about the petitioner who was involved in taking away her daughter with an intention of marrying her.
Patna High Court CR. MISC. No.32482 of 2026(2) dt.15-05-2026 2/3
4. Learned counsel appearing on behalf of the petitioner submits that petitioner is a nineteen year old boy and he is innocent and has falsely been implicated in the present case. The victim girl has been recovered and her statements were recorded under Sections 180 and 183 of the B.N.S.S., 2023, wherein she has stated that she voluntarily went with petitioner as they were in love with each other. The victim girl was medically examined and her age was assessed to be fifteen to seventeen years. Further in medical examination, no sign of rape or any injury has been found on the private parts of the victim girl. Learned counsel next submits that petitioner is having clean antecedent and chargesheet has been submitted. Learned counsel lastly submits that petitioner is in custody since 11.01.2026.
5. Learned A.P.P. appearing on behalf of the State as well as learned counsel for the informant oppose the submissions made on behalf of the petitioner. Learned counsel for the informant submits that the girl is aged about sixteen years and she has stated in her statement recorded under Section 183 of the B.N.S.S., 2023, that petitioner established physical relationship with her.
6. Having regard to the facts and circumstances and
Patna High Court CR. MISC. No.32482 of 2026(2) dt.15-05-2026 3/3 submissions made on behalf of the parties and considering the age of the petitioner, his clean antecedent, his period of custody and submision of chargesheet, the petitioner, above-named, is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge POCSO-cum-Additional Session Judge, Saran, Chapra / concerned Court, in connection with Panapur P.S. Case No. 234 of 2025, subject to the condition laid down under Section 480(3) of the B.N.S.S. and other following conditions: (i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial Court.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the Court concerned. (Arun Kumar Jha, J) Shahnawaz/- U T