Niraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7831 of 2025 Arising Out of PS. Case No.-753 Year-2022 Thana- MADHAURAH District- Saran ====================================================== Niraj Kumar Kamli Paswan R/O Village - Kothiya Rai, P.S. Suppi (Majorganj), Dist. - Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Virendra Kumar, Advocate For the State :
Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-04-2025 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 366A and 34 of the Indian Penal Code.
3. As per prosecution case, informant, namely Ramesh Rai, alleged that on 01.11.2022 at about 10 AM, his daughter, namely Khusboo Kumari, went to market but did not return. Upon inquiry, he came to know that the victim was in regular contact with co-accused Gudiya Kumari, Preeti Kumari and a mobile number i.e. 9473169180. Informant suspects that the person using mobile number 9473169180, with the help of coaccused Gudiya Kumari and Preeti Kumar, had kidnapped daughter of informant with the intent to marry her.
Patna High Court CR. MISC. No.7831 of 2025(3) dt.30-04-2025 2/3
4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. The prosecution case is absolutely frivolous and vexatious and petitioner has falsely been implicated in this case due to enmity. The victim, in her statement recorded under Section 183 of the B.N.S.S. has denied the factum of kidnapping and has categorically stated that she was in love with this petitioner and she herself had gone with him and performed marriage. The learned trial court has assessed the age of victim as 18 years. Petitioner claims clean antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.
6. Considering the nature of accusation, statement of victim recorded under Section 183 of the B.N.S.S. and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.7831 of 2025(3) dt.30-04-2025 3/3 each to the satisfaction of learned C.J.M., Chapra at Saran in connection with Madhaura (Gaura O.P.) P.S. Case No. 753 of 2022, subject to condition as laid down under Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J) shashank/- U T