Navin Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4996 of 2025 Arising out of PS. Case No.-230 Year-2023 Thana- GAYA MUFASIL District- Gaya ====================================================== Navin kumar, S/o Surendra Paswan, R/o vill - pakari, p.s. - Fatehpur, Distt.- Gaya, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunil Kumar Yadav, Advocate For the Opposite Party/s:
Mrs. Meenu Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 05-05-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.
2. The petitioner seeks bail in connection with Gaya Muffasil P.S. Case No. 230 of 2023 instituted for the offences under Section 363 of the Indian Penal Code.
3. The prosecution case is to the effect that the daughter of the informant had gone to school on 09.01.2023 but she did not return till the evening. Thereafter, the informant and other relatives searched her for almost one month and thirteen days, finally the present FIR was lodged.
4. It is submitted by learned counsel for the petitioner that the date of incident is alleged to be of 09.01.2023 while the FIR was lodged on 22.02.2023 after delay of more than one month thirteen days. It is also submitted that it is a case of love
Patna High Court CR. MISC. No.4996 of 2025(3) dt.05-05-2025 2/3 affair between the petitioner and the said victim and the victim in her statement recorded under Section 164 Cr.P.C. after recovery has stated that she had gone with the petitioner on her own sweet-will and they have stayed at Gandhi Dham, Gujarat. The victim girl in her statement recorded under Section 161 Cr.P.C. has also stated that they had gone together to Gujarat where they have also solemnized their marriage. It is lastly submitted that the petitioner has no criminal antecedent and is in custody since 18.11.2024.
5. Learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid submissions of respective counsels and taking into account the statements made by the victim girl and also considering the fact that the petitioner is in custody since 18.11.2024, the petitioner above named, is directed to be released on bail on furnishing bail-bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Gaya in connection with Gaya Muffasil P.S. Case No. 230 of 2023, subject to the the following conditions:- (i) One of the bailors will be a close relative of the petitioner.
Patna High Court CR. MISC. No.4996 of 2025(3) dt.05-05-2025 3/3 (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.
(Sourendra Pandey, J) Vikash/- U T