Vikki Kumar @ Saurabh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66652 of 2025 Arising Out of PS. Case No.-427 Year-2025 Thana- ALAMGANJ District- Patna ====================================================== 1.
Vikki Kumar @ Saurabh Kumar S/o- Shankar Tatwa R/o- Singhwa Tola Belwarjang Patna 2.
Vikash Kumar S/o- Shankar Tatwa R/o- Singhwa Tola Belwarjang Patna 3.
Vijay Shankar @ Shankar Tatwa S/o- Devi Lal R/o- Singhwa Tola Belwarjang Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhishek Singh For the Opposite Party/s :
Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 17-09-2025 Heard the parties.
2. The petitioners apprehend their arrest in connection with Alamganj P.S. Case No. 427 of 2025, registered for the offences punishable under Sections 137(2), 96, 352, 351(2) of the BNS.
3. Allegedly the minor daughter of the informant was enticed away by the accused persons for some illicit purpose, which led to institution of the FIR.
4. Learned Advocate for the petitioners submitted that as narrated in the FIR, the victim left her house on 15.05.2025 at about 11:00 am in the morning but the present FIR came to be instituted on 17.04.2025. The entire prosecution falls to the ground in view of the statement of the victim recorded under
Patna High Court CR. MISC. No.66652 of 2025(2) dt.17-09-2025 2/3 Section 183 of the BNSS, wherein she has categorically stated that the family members of the victim were indulged in abusing and torturing her due to which she voluntarily left her house and thereafter called the co-accused Rahul Kumar, who has tired to persuade her and later on they have solemnized marriage in a Temple. After knowing the fact that the FIR has been instituted against the petitioners, the victim rushed to the police station and disclosed all the facts but instead of supporting her, she was also subjected to torture by the family members as well as the police and she also disclosed that now she has been apprehending her death at the hands of her family members.
It is further contended that only on account of the fact that her age has been assessed as 17 years by the learned jurisdictional court, she has been treated as minor and thereafter prayer for bail of the petitioner came to be rejected. The petitioners are none else but the brothers and father of co-accused Rahul Kumar. The petitioners are men of fair antecedent and they have nothing to do with the alleged occurrence as the entire allegation revolves around co-accused Rahul Kumar.
5. On the other hand, learned Advocate for the State vehemently opposed the bail application.
6. Having considered the submissions set forth by the
Patna High Court CR. MISC. No.66652 of 2025(2) dt.17-09-2025 3/3 learned Advocates for the respective parties and taking note of the statement of the victim recorded in the impugned order, coupled with the fair antecedent of the petitioners as also the fact that the petitioners are none else but the brothers and father of co-accused Rahul Kumar, let the petitioners abovenamed be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned SDJM, Patna City, Patna in connection with Alamganj P.S. Case No. 427 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, with the further condition that one of the bailors shall be the own/close family members of the petitioners.
7. Before parting with the case, this Court directs the jurisdictional court to take all measures to provide safety to the victim, who has been residing with her family members and facing threat to her life as stated in her statement, recorded under Section 183 of BNSS, if need be.
(Harish Kumar, J) Anjani/- U T