Vivek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55376 of 2025 Arising Out of PS. Case No.-109 Year-2025 Thana- MAHNAR District- Vaishali ====================================================== Vivek Kumar S/O Manoj Paswan R/O Vill.- Sahpur, P.s.- Mahnar, DistrictVaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sabal Kumar Jha For the Opposite Party/s :

Mr. Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 27-08-2025

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Mahnar Police Station Case No. 109 of 2025, disclosing offences under Sections 140(3), 96, 3(5) of the BNS, 2023.

3. As per the FIR, the minor daughter of the informant, aged about 17 years, has been abducted/kidnapped by the petitioner while she had gone to take the examination in the school.

4. Learned counsel for the petitioner submits that both petitioner and the victim girl were studying in class 11th

Patna High Court CR. MISC. No.55376 of 2025(2) dt.27-08-2025 2/3 and were knowing each other. There was love relationship between them and the victim girl fled away with the petitioner from the school and did not take the examination. The petitioner is aged about 18 years. The girl has been recovered and in her statement recorded under Section 183 of the B.N.S.S., 2023, she has stated that though the petitioner had taken her in an auto forcibly and kept her in a room, but he did not make any physical relationship with her.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the statement of the victim girl and the fact that both petitioner and victim girl were studying in the same class and are aged about 18 and 17 years, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Vaishali at Hajipur, in connection with Mahnar Police Station Case No. 109 of 2025, subject to the condition laid down under

Patna High Court CR. MISC. No.55376 of 2025(2) dt.27-08-2025 3/3 Section 438 (2) of the Code of Criminal Procedure/Section 482(2) of the BNSS, 2023.

(Anil Kumar Sinha, J) HarshPandey/- U T