Udit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1237 of 2026 Arising Out of PS. Case No.-734 Year-2024 Thana- BIHAR District- Nalanda ====================================================== Udit Kumar Son of Lalo Prasad @ Lalo Mahto Resident of Village - Paingari, Post - Paingari, P.S. - Warisaliganj, Dist. - Nalanda. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Amit Kumar Son of Sant Kumar R/o Village - Rasalpur, Post and P.S. - Bind, Dist. - Nalanda.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Alok .

For the State :

Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 30-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in Bihar P.S. Case No. 734 of 2024 registered under Sections 137(2), 96 and 3(5) of the BNS, 2023.

3. As per the prosecution case, on 23.09.2024, the informant's 17 years old sister did not return home after leaving for the market in Biharsharif. The informant later alleged that the petitioner along with other co-accused persons, kidnapped his sister.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in the present case. He further submits that the informant, brother of the victim, has filed Cr.W.J.C. No. 1381 of 2025 and a co-ordinate Bench, vide order dated 27.11.2025, directed the petitioner (his learned counsel) to

Patna High Court CR. MISC. No.1237 of 2026(2) dt.30-01-2026 2/2 produce the victim before the learned Trial Court. The petitioner in pursuance of that order, produced the victim before the Court below and she did not support the prosecution case. She stated that she has solemnized marriage with the petitioner and the couple is blessed with a girl child. The informant, thereafter, withdrew that criminal writ. Learned counsel further submits that the petitioner and the victim are leading a happy conjugal life.

5. Learned APP has opposed the prayer for anticipatory bail.

6. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Bihar P.S. Case No. 734 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/ 482(2) of the BNSS, 2023. (Nawneet Kumar Pandey, J) priyanka/- U T