Subhash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60986 of 2025 Arising Out of PS. Case No.-313 Year-2022 Thana- VAISHALI District- Vaishali ====================================================== Subhash Kumar S/o Devnath Sahani R/o- Ghogaha Pokhar, P.S.- Vaishali, Dist.- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Hemant Kumar, Advocate For the Opposite Party/s :
Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-09-2025 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 363, 366(a), 406 and 34 of the I.P.C.
3. As per the F.I.R., the allegation against the petitioner is of kidnapping the minor daughter of the informant.
4. Learned counsel for the petitioner submits that the allegation of kidnapping is false, inasmuch as the victim girl, in her statement recorded under Section 164 Cr.P.C., has denied the allegation of kidnapping and has further stated that she has voluntarily solemnized marriage with the petitioner and that they are now living together as husband and wife, having children born out of the wedlock.
Patna High Court CR. MISC. No.60986 of 2025(2) dt.09-09-2025 2/2
5. Learned A.P.P. for the State vehemently opposed the bail application.
6. Considering the statement of the victim girl made under Section 164 of the Cr.P.C and clean antecedent, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of eight weeks from today, be enlarged 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 J.M. 1st Vaishali at Hajipur in connection with Vaishali P.S. Case No. 313 of 2022, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J) aditya/- U T