Suraj @ Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6658 of 2025 Arising Out of PS. Case No.-655 Year-2024 Thana- ARA NAWADA District- Bhojpur ====================================================== Suraj @ Suraj Kumar S/O Late Dadan Singh Resident of village Vishunpura PS Imadpur District Bhojpur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manish Chandra Gandhi, Advocate For the State :

Mr. Ram Sumiran Rai, APP For the Informant :

Mr. Maya Shankar Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 19-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. Petitioner is in custody since 14.09.2024 in a case registered for an offence punishable under Section 96 of the BNS, 2023 in connection with Ara Nawada P.S. Case No.655 of 2024.

3. As per the prosecution case, it is alleged that present petitioner has eloped with the informant's daughter, namely, Priyanka Kumari.

4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in this case. He next submits that from perusal of the statement of the victim before the Investigating Officer, she has stated that she had gone with the petitioner with her own will/voluntarily which is also mentioned in statement of victim recorded under Section 183 of B.N.S.S. He

Patna High Court CR. MISC. No.6658 of 2025(3) dt.19-04-2025 2/3 next submits that in statement of the victim recorded under Section 180 B.N.S.S. (para-35 of the case diary) victim had disclosed that on 03.09.2024 she left her house and reached Ara Station after which she called the petitioner and told him that she had came to the station upon which the petitioner, namely, Suraj Kumar told her to catch any train for Sasaram and when she reached Sasaram the petitioner kept her in Sasaram, after some days they got to know that police are searching them, thereafter, on 13.09.2024 they both came together to Karakat Police Station, Rohtas and after which they returned to Ara Nawada Police Station.

He next submits that after reaching Ara, the victim refused to go with her father(informant) after which she was sent to Child Care Home, Bhojpur, Ara which is also evident from para-54 of the case diary. He further submits that there is no allegation of sexual assault against the petitioner. Petitioner is in custody since 14.09.2024. He further submits that petitioner has got no criminal antecedent as stated in para-3 of the bail petition.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, submission of the learned counsel for the petitioner, and on perusal of the para 35 and 54 of the case diary (statement of the victim recorder under Section 180 of B.N.S.S as well as 183 of B.N.S.S) it is evident that victim with her own sweet will had eloped with the petitioner and there is not any allegation of sexual assault

Patna High Court CR. MISC. No.6658 of 2025(3) dt.19-04-2025 3/3 against the petitioner, let the above named petitioner be released on bail, on his 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, Bhojpur at Ara in connection with Ara Nawada P.S. Case No.655 of 2024.

(Ramesh Chand Malviya, J) Harshita/- U T