Aakash Kumar @ Aakas Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51701 of 2026 Arising Out of PS. Case No.-895 Year-2025 Thana- GAYA MUFASIL District- Gaya ====================================================== Aakash Kumar @ Aakas Kumar Son of Ajit Prasad Resident of Village -Beldari Tola also known as Beldar P.S. -Punpun District -Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shashank Shekhar, Adv.
For the Opposite Party/s :
Mr.Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 29-07-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Muffasil P.S. Case No. 895 of 2025 dated 02.09.2025 registered for the offence punishable under Section/s 96 of the B.N.S., 2023.
3. As per the prosecution case, the allegation against the petitioner is that he allegedly kidnapped the informant's daughter and married her.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the instant case. It is next submitted that the age of the victim girl which is recorded in the F.I.R. is incorrect while her age as per medical examination has been found to be 21 years. It is
Patna High Court CR. MISC. No.51701 of 2026(2) dt.29-07-2026 2/3 next submitted that the victim has performed marriage with the petitioner, which fact has not been denied by the informant and it has further been apprised to this Court by learned counsel for the Informant that a child, aged about eight months, has been born out of the wedlock of the petitioner and the victim and the Informant does not propose to oppose the petitioner's prayer for anticipatory bail. Lastly, it is submitted that the petitioner is a person of clean antecedent.
5. Learned APP for the State opposes the prayer for grant of anticipatory bail.
6. Having heard learned counsel for the parties and considering the fact that the victim has been found to be 21 years of age and that she and the petitioner are presently married and have a child out of their wedlock, let the petitioner, above named, be released on anticipatory bail in the event of his arrest or surrender before the court below within a period of six weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Muffasil P.S. Case No. 895 of 2025, subject to the condition as laid down under Section 482(2) of the B.N.S.S. as well as the following conditions:
Patna High Court CR. MISC. No.51701 of 2026(2) dt.29-07-2026 3/3 (i) One of the bailors should be the family member/relative/known of the petitioner who shall provide official document / personal affidavit 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.
(Ajit Kumar, J) rishi/- U T