Vishal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1305 of 2025 Arising Out of PS. Case No.-287 Year-2024 Thana- PATEPUR District- Vaishali ====================================================== Vishal Kumar S/O Vinod Paswan Resident of Village- Lahladpur, Patepur, P.S- Patepur, District- Vaishali ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Md. Murtuja S/O Late Md. Jamiruddin Resident of Village- Teknari East,P.S- Patepur, District- Vaishali ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shyameshwar Kumar Singh, Advocate For the Opposite Party/s :

Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 08-04-2025 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.

2. The petitioner seeks bail in connection with Patepur P.S. Case No. 287 of 2024, instituted for the offences punishable under Sections 137 and 96 of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that, minor daughter of the informant was abducted by the petitioner with an intention to perform marriage with her.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.1305 of 2025(3) dt.08-04-2025 2/3 present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that no specific allegation has been attributed against the petitioner, rather the allegation levelled against the petitioner is general and omnibus in nature. It is further submitted that daughter of the informant went to her relative's house on her own will and the victim in her statement recorded under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has not supported the prosecution case. The victim has not supported the allegation made against the petitioner. The petitioner is in custody since 05.10.2024 and has got no criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.1305 of 2025(3) dt.08-04-2025 3/3 below/concerned Court in connection with Patepur P.S. Case No. 287 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T