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Patna High CourtCR. MISC./41702/2025disposed

Subham Kumar v. The State Of Bihar

2026-02-06Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41702 of 2025 Arising Out of PS. Case No.-377 Year-2023 Thana- MANER District- Patna ====================================================== Subham Kumar Son of Rasbihari Rai Resident of Naya Gram Jamunipur, P.S.- Maner, District - Patna, Bihar ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Gudiya Devi W/O-Satyendra Singh, R/O-Vill-Jamunipur, P.S. -Maner, DistPatna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Apurv Harsh, Advocate Mr. Raghu Raj Pratap, Advocate Mr. Hritik Anand, Advocate Ms. Jaya Singh, Advocate For the Opposite Party/s :

Mr. Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 06-02-2026 Though the office notes shows that the notice has not been delivered, Gudiya Devi opposite party no. 2 has appeared and in that background, the case is taken up for hearing.

2. Heard the parties.

3. The petitioner is apprehending his arrest in connection with Maner P.S. Case No. 377 of 2023 for the offence under sections 366(A)/34 of the Indian Penal Code lodged on 22.05.2023 by the informant, Gudiya Devi.

4. As per the prosecution story, the informant, Gudiya Devi lodged the FIR stating that after dinner, they retired to their respective bed. However, in the midnight found the victim

Patna High Court CR. MISC. No.41702 of 2025(5) dt.06-02-2026 2/3 girl/daughter missing alongwith cash/other materials. Suspecting the role of the petitioner/family members, the FIR.

5. In this case, notice was issued to the opposite party no. 2, Gudiya Devi and pursuant thereto she has appeared alongwith her daughter (victim girl) and the petitioner who was granted interim relief on 09.07.2025.

6. The girl has provided her Aadhaar Card to show that she was major on the date of occurrence, went on her own, got married with the petitioner and now blessed with a female child (Kritika).

7. The informant, Gudiya Devi also submits that under misconception, the case was lodged and she is happy with the daughter, son-in-law and the grand daughter.

8. Considering the aforesaid fact and the averment made by the informant who is present in the Court, this Court is inclined to extend him the privilege of anticipatory bail with conditions.

9. 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 J.M. First Class, Danapur/concerned

Patna High Court CR. MISC. No.41702 of 2025(5) dt.06-02-2026 3/3 Court in connection with Maner P.S. Case No. 377 of 2023 subject to the following conditions:

(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document (Aadhaar Card/Voter ID Card/Pan Card/Driving License) 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) Adnan/- U T