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2026 DAILYLAW 41598 (PAT)

Aditya Kumar Roy @ Anshu Kumar v. The State of Bihar

CR. MISC./80091/2025 · 2026-02-02

Ashok Kumar Pandey

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.80091 of 2025 Arising Out of PS. Case No.-719 Year-2025 Thana- SAHARSA SADAR District- Saharsa ====================================================== Aditya Kumar Roy @ Anshu Kumar Son of Anand Roy R/o Village- Kothi Hat Road, Registry Office, Ward No. 3, P.S.- Forbesganj, District- Araria ... ... Petitioner/s Versus 1. The State of Bihar 2. Ravindra Kumar S/O- Chandeshwari Yadav, resident of mohalla-kosi chowk, mithila convent gali, ward no. 11, dist- saharsa ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ashok Kumar Singh, Advocate For the Opposite Party/s : Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 4 02-02-2026 Heard Mr. Ashok Kumar Singh, learned counsel for the petitioner and Mr. Arun Kumar Pandey, learned APP for the State. 2. The petitioner has prayed for bail in connection with Saharsa P.S. Case No. 719 of 2025 registered for the offence punishable under Sections 137(2), 126(2), 115(2), 352, 351(2) and 3, 3(5) of the B.N.S., 2023. 3. The case of the prosecution in short is that the petitioner has kidnapped the minor daughter of the informant. 4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this Patna High Court CR. MISC. No.80091 of 2025(4) dt.02-02-2026 2/3 case. Learned counsel for the petitioner submits that during the course of investigation, the victim has given her statement recorded under Sections 180 and 183 of the BNSS. In her statement under Section 183 of the BNSS, she has stated that she was in an affair with the petitioner outside the marriage and when the family members came to know, she was being scolded and assaulted. She was also administered intoxicants by her family members and was tortured. He also submits that her marriage was fixed with a man of 38 years old. After that, she went to the house of the petitioner. She has categorically stated that nobody has kidnapped her. She has solemnized marriage with Anshu Kumar on her own sweet will. This kind of statement is also given by the victim recorded under Section 180 of the BNSS. He also submits that from perusal of the medical report, it is clear that the doctors have opined that the age of the victim is between 17 to 20 years. It is a case of elopement. He further submits that a statement has been made in para 3 of the petition that petitioner has no criminal antecedent and he is languishing in judicial custody since 25.07.2025. 5. The application for bail is opposed by learned APP for the State. 6. Having heard learned counsel for the parties and Patna High Court CR. MISC. No.80091 of 2025(4) dt.02-02-2026 3/3 considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Special Judge, POCSO, Saharsa in connection with Saharsa P.S. Case No. 719 of 2025. Sudhanshu/- (Ashok Kumar Pandey, J) U T