Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42046 of 2026 Arising Out of PS. Case No.-66 Year-2024 Thana- Akbarpur District- Purnia ====================================================== Amit Kumar S/o Lalit Mandal @ Lalan Mandal @ Lalit Kumar Mandal Resident of Village- Akbarpur Navtolia, Ward No. 14, P.S.- Akbarpur, District- Purnea ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

X Son of Y Resident of Village- Raipura Ghat, Ward No. 3, P.S.- Akbarpur, District- Purnea ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sumit Kumar Bhagat, Advocate Mr. Kamlesh Kumar Pathak, Advocate For the informant :

Mr. Sushant Kumar, Advocate For the Opposite Party/s :

Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 01-07-2026 Heard learned counsel for the petitioner, learned APP for the State and learned Counsel for the informant.

2. The petitioner who apprehends arrest in connection with Akbarpur P.S.Case No. 66 of 2024 lodged on 30.08.2024, for the offences punishable under sections 137(2), 96 of the Bharatiya Nyaya Sanhita, 2023.

3. As per the prosecution, the F.I.R. has been lodged with allegation of kidnapping the daughter of the informant by the petitioner with a view to marriage.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He further

Patna High Court CR. MISC. No.42046 of 2026(2) dt.01-07-2026 2/3 submits that the alleged victim has already been recovered and upon recovery, she got her statement recorded under Section 183 of the BNSS, 2023 wherein, she has stated that she went with the petitioner with her own sweet will and now she is residing with the petitioner after marriage.

5. Learned Counsel for the informant, who appeared in this case through vakalatnama, submits that he has filed vakalatnama through online mode as well as in the physical mode today itself and it is only due to this reason, his name has not figured in the daily cause list. However, he submits that petitioner and the victim, both are residing together happily and peacefully.

6. Learned APP for the State supports the submission made by the learned Counsel for the informant.

7. In the facts and circumstances of the case, let the above-named petitioner be released on bail provisionally, in the event of their arrest or surrender before the Trial Court within a period of four weeks from today, on furnishing bail bond of 30,000/- (Rupees Thirty Thousand only) each, as mentioned in ₹ Section 2(1)(d) of the Bharatiya Nagrik Suraksha Sanhita, 2023, to the satisfaction of the learned Additional Session Judge- VIIth-cum-Special Court (POCSO), Purnea, in

Patna High Court CR. MISC. No.42046 of 2026(2) dt.01-07-2026 3/3 connection with the aforementioned case, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

8. It is made clear that the provisional bail of the petitioner shall be confirmed by the Learned Trial Court on production of valid marriage certificate of the petitioner with the victim within a period of three months from the date of grant of provisional bail to the petitioner.

(Dr. Anshuman, J) manshi/- U T