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2026 DAILYLAW 10113 (PAT)

GUDDU KUMAR v. The State of Bihar

CR. MISC./19338/2026 · 2026-03-31

Rajesh Kumar Verma

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.19338 of 2026 Arising Out of PS. Case No.-1 Year-2024 Thana- PIPRIYA District- Lakhisarai ====================================================== GUDDU KUMAR S/o Shivjee Saw R/o Village- Mohanpur, PS- Pipariya, Dist- Lakhisarai ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Mahendra Thakur, Advocate For the Opposite Party/s : Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 2 31-03-2026 Heard Mr. Mahendra Thakur, learned counsel for the petitioner as well as Mr. Rajesh Kumar, learned Additional Public Prosecutor for the State. 2. Petitioner seeks bail who is in custody since 20.01.2026 in connection with Pipariya P.S. Case No. 01 of 2024, F.I.R. dated 07.01.2024 for the offences punishable under Sections 363 and 365 of Indian Penal Code. 3. According to prosecution case, the informant alleged that her daughter, Guriya Kumari, 17 years old, has eloped with petitioner as she was on talking terms with the petitioner. 4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. The allegation levelled against Patna High Court CR. MISC. No.19338 of 2026(2) dt.31-03-2026 2/3 the petitioner is false and fabricated. Infact the petitioner was in love with the victim and both had performed marriage and they are living together as husband and wife. It appears from impugned order itself that victim has deposed before learned trial Court that she has performed marriage with the petitioner and she is blessed with two children. He next submits that learned trial Court had disbelieved the deposition of victim on the ground at the time of alleged occurrence she was minor. He further submits that learned trial Court while recording the statement of the victim has assessed the age of victim to be 19 years and the petitioner is in custody since 20.01.2026. 5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner. 6. Considering the aforesaid facts and circumstances as well as the fact that the victim has deposed before learned trial Court that she has performed marriage with the petitioner and she is living with the petitioner as his wife and she is blessed with two children, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M, Lakhisarai in connection with Pipariya P.S. Case No. 01 of 2024, subject to the following Patna High Court CR. MISC. No.19338 of 2026(2) dt.31-03-2026 3/3 conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed 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. 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. iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. Suruchi/- (Rajesh Kumar Verma, J) U T