Bhola Kumar Vs The State of Bihar

====================================================== Appearance : For the Petitioner/s : Mr.Durgesh Nandan For the Opposite Party/s : Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER

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5 21-01-2026

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Heard the learned counsel for the petitioner and

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learned Additional Public Prosecutor for the State.

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The petitioner is apprehending his arrest in connection with Riga P.S. Case No. 30 of 2024, F.I.R dated 06.02.2024 registered for the offences punishable under Sections 366A/34 of the Indian Penal Code and Section 4 of POSCO Act.

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According to prosecution case, on 30.01.2024 at 05:00 A.M. the daughter of the informant went for coaching. But when she was late then their family members got worried and started searching her. While searching they saw she was going on tempo with this petitioner ( Bhola Kumar), then their

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family members reached the house of the petitioner where they found it was locked and it appeared that they took his daughter for marriage or to sell her out. After that they returned to home and found that she took 1.5 lakhs and jewelry along with her afterthat F.I.R. was lodged.

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Learned counsel for the petitioner submits that the victim is major and on account of love affair between the victim of the petitioner, they are said to have solemnized marriage and after marriage, in terms of the statement made in the anticipatory bail application at para 11, the victim girl is staying with this petitioner. There is no allegation of coercion having been made against anybody rather there is specific statement with regard to threatening given by their parents, owing to which, the victim is said to have left the house of her parents and went to Delhi.

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Pursuant to the notice issued to the informant, the victim girl is represented by her counsel who does not dispute the submissions made by the counsel for the petitioner.

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Learned APP for the State opposes the prayer for anticipatory bail application.

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Considering the aforesaid facts and circumstances Considering the fact that the victim and this petitioner has

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already solemnized marriage and living peacefully. Accordingly, this Court is inclined to grant the privilege of anticipatory bail to the petitioner.

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Let the petitioner, above named, in the event of his/her arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, 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 Special Judge, Sitamarhi in connection with Riga P.S. Case No. 30 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:-

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(i) one of the bailors should be the family member/relative of the petitioner(s) who shall provide official document to show his/her bona fide;

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(ii) the petitioner(s) shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her/their bail bond by the Trial Court itself;

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(iii) the petitioner(s) shall in no way try to induce or promise or threat the witnesses or tamper with the evidences,

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failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

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(iv) the petitioner(s) shall desist from committing any

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criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds.

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(Ajit Kumar, J)