Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38162 of 2025 Arising Out of PS. Case No.-12 Year-2025 Thana- KAUWAKOL District- Nawada ====================================================== Vikash Kumar S/o Ajit Sao Resident of Mannpur, P.S.- Kauakol, DistrictNawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashank Chandra, Advocate For the Opposite Party/s :

Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 02-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 87, 3 (5) of the BNS.

3. The case of the prosecution, in brief, is that the petitioner kidnapped the minor daughter of the informant. During the course of investigation, the victim has given her statement under Section 183 of the BNS wherein she has stated that she was having affair outside marriage with the petitioner. They had also established physical relationship. It is further stated that she went to Mumbai and solemnized marriage and at the time of marriage, she was carrying a fetus of five months. From perusal of the case diary, it also transpires that the victim

Patna High Court CR. MISC. No.38162 of 2025(4) dt.02-09-2025 2/3 refused to undergo medical examination.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in connection with the present case. It is further submitted that the victim has already given birth to a male child and is presently residing with the petitioner as his wife. Moreover, the petitioner is languishing in judicial custody since 27.02.2025 having no criminal antecedent.

5. Learned counsel for the Informant has not opposed the prayer of regular bail stating that the parties have compromised the matter.

6. Learned counsel for the State has submitted that vide order dated 06.08.2025 victim was directed to appear before this Court in order to ascertain the truth of the matter It is further submitted that in compliance thereof, she is present outside the court.

7. Considering the aforesaid facts and circumstances of the case and taking into account that the present matter arises out of an affair outside marriage, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Kauakol P.S. Case No. 12 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand)

Patna High Court CR. MISC. No.38162 of 2025(4) dt.02-09-2025 3/3 with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Nawada. (Ashok Kumar Pandey, J) Jagdish/- U T