Mohan Kumar @ Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2954 of 2025 Arising Out of PS. Case No.-84 Year-2024 Thana- CHANAN District- Lakhisarai ====================================================== Mohan Kumar @ Sanjay Kumar S/O Anant Paswan Resident of villageMaheshpur, P.S.- Chanan, District- Lakhisarai ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

XXX D/O Subhash Paswan R/O Vill.- Maheshpur, P.s.- Chanan, Dist.- Lakhisarai.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bishwajeet Pandey, Adv For the Informant :

Mr. Mayank Singh, Adv Mr. Aryan Sinha, Adv For the Opposite Party/s :

Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 17-06-2025 Heard learned Counsel for the petitioner and learned counsel for the informant as well as learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Chanan P.S. Case No. 84 of 2024 registered for the offences punishable u/s 137(2), 96, 140(3) of the B.N.S.

3. As per the prosecution case, the petitioner is alleged to have kidnapped the minor daughter of the informant.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It has further been submitted that the statement of the victim girl was recorded under Section 164 of the Cr. P.C.

Patna High Court CR. MISC. No.2954 of 2025(4) dt.17-06-2025 2/3 wherein she has clearly stated that she had left her house on her own sweet will and has not alleged any overt act or any sexual assault committed by the petitioner. It is lastly submitted that the petitioner has clean criminal antecedent and is in custody since 15.08.2024.

5. Learned counsel for the informant and learned APP for the State have vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid submissions of the parties and also considering the period of custody, let the petitioner above-named, be enlarged on bail on furnishing bailbonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Lakhisarai, in connection with Chanan P.S. Case No. 84 of 2024, subject to the following conditions:- (i) One of the bailors will be close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the Court below, if so required by the learned Trial Court.

(iii) In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be canceled by the Court concerned.

(iv) If the petitioner is found involved in similar nature of offence in future, the prosecution will be at liberty to move for cancellation of his bail bond.

Patna High Court CR. MISC. No.2954 of 2025(4) dt.17-06-2025 3/3 (v) The learned 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.

7. The application stands allowed.

(Sourendra Pandey, J) Jyoti/- U T