Chandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4566 of 2026 Arising Out of PS. Case No.-382 Year-2025 Thana- FATEHPUR District- Gaya ====================================================== Chandan Kumar Son of Sunil Yadav Resident of Village- Manik Bigha P.S -Fatehpur District -Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms.Minu Kumari, Advocate For the Opposite Party/s :
Mr.Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 25-02-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in Fatehpur P.S. Case No. 382 of 2025 dated 19.05.2025, registered under Sections 96, 126(2), 115(2), 117(2), 351(2), 3(5) and 61(1) of the Bharatiya Nyaya Sanhita, 2023.
3. The allegation against the petitioner is that he took the informant's daughter to his room at Gaya and forcibly got her married to Deepak Kumar on 18.05.2025.
4.Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. It is further submitted that, as a matter of fact, the daughter of the informant was married to co-accused Deepak Kumar and the petitioner has no concern whatsoever with the
Patna High Court CR. MISC. No.4566 of 2026(3) dt.25-02-2026 2/3 said Deepak Kumar or the alleged occurrence. It is submitted that neither the said Deepak Kumar has been arrested nor the victim girl has been recovered as yet. The present case has been lodged after an unexplained delay of two days from the date of the alleged occurrence without any plausible explanation. Lastly, it is submitted that the petitioner has been in judicial custody since 19.08.2025 and two criminal cases are stated to be pending against him.
5. Learned Additional Public Prosecutor for the State has opposed the prayer.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Court of C.J.M. Gaya, in connection with Fatehpur P.S. Case No. 382 of 2025, subject to the following conditions: -(i) that the petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below, (ii) that one of the bailors will be his own blood relation, preferably father, mother, brother, sister and or
Patna High Court CR. MISC. No.4566 of 2026(3) dt.25-02-2026 3/3 his wife, (iii) that the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse (iv) that if the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail and (v) that the petitioner will appear before the SHO of concerned PS in the first week of each month till the framing of charge in this case.
7. The application stands allowed.
(Khatim Reza, J) shyambihari/- U