Vicky Kumar @ Vikki Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61495 of 2025 Arising Out of PS. Case No.-78 Year-2025 Thana- BAUNSI District- Araria ====================================================== Vicky Kumar @ Vikki Kumar S/o Bhola Rishideo Resident of villageNandanpur, ward no 08, Police station- Bausi, District- Araria ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Ashok Sah S/o Basant Sah R/o vill - Mahselli Mirzapur, ward no. 2, P.s.- Bausi, Distt.- Araria ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mukesh Kumar Rana, Advocate For the Opposite Party/s :
Mr.Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 17-11-2025
1. Heard learned counsel for the petitioner and learned APP for the State. No one appears on behalf of opposite party no.2 despite valid service of notice.
2. A prayer for bail has been made on behalf of petitioner in connection with Bousi P.S. Case no.78 of 2025 registered under Section 126(2), 115(2) and 96 of the B.N.S, 2023.
3. The allegations in the F.I.R is that informant's minor daughter had fled away with one Vicky Kumar (petitioner) on giving allurement and when the informant confronted, the petitioner's family indulged in abuse and assault.
Patna High Court CR. MISC. No.61495 of 2025(4) dt.17-11-2025 2/3
4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. F.I.R has been lodged after an inordinate delay of four days as the occurrence took place on 07.05.2025 and F.I.R was lodged on 10.05.2025. It is a case of love affair between the petitioner and the daughter of the informant which would be demonstrated by her statement recorded under Section 183 B.N.S.S wherein she has stated that she left the house in anger once due to bad behavior of her family members and then out of her own will with the petitioner. It is further submitted that the victim no where alleged any misbehavior on behalf of the petitioner. The petitioner has no criminal antecedent and he is in custody since 13.06.2025. He undertakes to cooperate in the case/trial. Charge-sheet has been submitted in the case.
5. The application for bail is opposed by learned A.P.P. for the State who submits that the victim girl is minor and the allegation against the petitioner is that of kidnapping.
6. Taking into consideration the above mentioned facts of the case and also considering her statement under Section 183 B.N.S.S disclosing mutual love relationship between the petitioner and the victim coupled with the fact that petitioner, having no criminal antecedent, is in custody since
Patna High Court CR. MISC. No.61495 of 2025(4) dt.17-11-2025 3/3 13.06.2025 as also charge-sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Bousi P.S. Case no.78 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court concerned where the case is pending/Successor Court. (Soni Shrivastava, J) Harsh/- U T