Bittu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1734 of 2025 Arising Out of PS. Case No.-286 Year-2024 Thana- BAKHARI District- Begusarai ====================================================== Bittu Kumar S/o- Mithilesh Singh @ Mithilesh Kumar Singh Resident of Village- Makhawa P.S.- Bhagwanpur, District-Begusarai. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Krishna Prabhat, Advocate For the Opposite Party/s :

Mr.Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 22-03-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

2. The petitioner seeks bail in connection with Bakhri P.S. Case No. 286 of 2024 registered for the offence under Sections 173(2) and 140(3) of B.N.S., 2023 (which is corresponding to Sections 363 and 365 of IPC).

3. The accused/petitioner is named in the F.I.R. and is in custody since 26.10.2024.

4. The allegation against petitioner is to kidnap the minor daughter of the informant aged about 16 years.

5. Learned Counsel appearing on behalf of the petitioner submitted that as per medical examination, the age of daughter of the informant appears between 16-18 years and if the marginal

Patna High Court CR. MISC. No.1734 of 2025(3) dt.22-03-2025 2/3 year of + 2 years be supplied to it in terms of Rajak Mohammad Vs. State of Himachal Pradesh, reported in (2018) 9 SCC 248, certainly she appears major on the date of occurrence. It is submitted that if the statement of victim after recovery as recorded under Section 183 of BNSS be taken into consideration, it appears that the informant is the step mother of the victim, who in connivance with her father made an attempt to marry her with a aged person about 45 years old and, therefore, she left her house out of her own sweet will and, thereafter, called this petitioner from home, who accompanied her to Bangalore. She denied any physical relation with petitioner and also marriage petitioner. While concluding the argument, it is submitted that investigation of this case is already completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

6. Learned APP opposed the prayer of bail.

7. Considering the facts and circumstances and by taking note of the statement of the victim as recorded under Section 183 of the BNSS, where she completely denied the allegation of kidnapping and any sexual abuse and also to solemnizing marriage with petitioner, coupled with the fact that investigation of this case is already completed, where petitioner is

Patna High Court CR. MISC. No.1734 of 2025(3) dt.22-03-2025 3/3 in custody since 26.10.2024, accordingly, petitioner above named, is directed to be released on bail in connection with Bakhri P.S. Case No. 286 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai/concerned Court, subject to the conditions as mentioned under Section 480(3) of BNSS.

(Chandra Shekhar Jha, J) veena/- U T