Roshan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44376 of 2026 Arising Out of PS. Case No.-344 Year-2024 Thana- KONCH District- Gaya ====================================================== Roshan Kumar Son of Kamesh Saw @ Kamlesh Sao Resident of Village and PO -Ahiyapur PS -Konch District -Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bajarangi Lal For the Opposite Party/s :

Mr. Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-07-2026

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 96 of the BNS.

3. Learned counsel appearing on behalf of the petitioner submits that petitioner has antecedent of one case and the informant alleges that petitioner enticed his minor daughter aged about 16 years and eloped with her with an intent to marry.

4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is further submitted that petitioner and victim were in love and they eloped, it is also submitted that though informant alleges that victim was minor but then she is a major

Patna High Court CR. MISC. No.44376 of 2026(2) dt.21-07-2026 2/3 and her statement was recorded under Section 183 BNSS wherein she has not supported the case of the prosecution rather has stated that out of wedlock with the petitioner, a child was born.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner and submits that though it is submitted that victim in her statement recorded under Section 183 BNSS has not supported the case of the prosecution but then statement of the victim is not part of the record, on which learned counsel appearing on behalf of the petitioner, Mr. Bajarangi Lal submits that a specific submission has been made at para 11 of the anticipatory bail application on affidavit that victim has not supported the case of the prosecution.

6. Since a specific pleading has been made at para 11 of the anticipatory bail application on affidavit, the Court finds no reason to disbelieve the learned counsel appearing on behalf of the petitioner.

7. Considering the submissions made by the learned counsel appearing on behalf of the petitioner, let the petitioner, above-named, in the event of his arrest or surrender within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand)

Patna High Court CR. MISC. No.44376 of 2026(2) dt.21-07-2026 3/3 with two sureties of the like amount each to the satisfaction of the learned Trial Court where the case is pending/Successor Court in connection with Konch P.S. Case No. 344 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.

(Satyavrat Verma, J) vikram/- U T