Sujit Kumar Poddar @ Lalu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3319 of 2025 Arising Out of PS. Case No.-230 Year-2024 Thana- BHAPTIAHI District- Supaul ====================================================== Sujit Kumar Poddar @ Lalu, aged about 24 years, Gender, Male, S/o Ramanand Poddar, Resident of Shahpur Prithwipatti, Ward no. 6, P.S.- Bhaptai Sarai, District- Supaul, Bihar ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Amrendra Kumar Poddar S/o Shivashankar Poddar Resident of Shahpur Prithwipatti, Ward no. 5, P.S.- Bhaptiyahi, District- Supaul, Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Aniket Kumar Thakur, Advocate For the Opposite Party/s :

Ms.Sharda Kumari, APP For the OP No.2 :

Mr. Kuldeep Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 02-07-2025 Heard Mr. Aniket Kumar Thakur, learned counsel appearing on behalf of the petitioner; Ms.Sharda Kumari, learned APP for the State and Mr. Kuldeep Kumar, learned counsel for the Opposite party no.2.

2. The petitioner seeks pre-arrest bail in connection with Bhaptiyahi P.S. Case No. 230 / 2024 registered for the offence(s) punishable under Sections 140(3), 96, 64, 3(5) of BNS and Section 4 of POSCO Act.

3. As per the allegation made in the FIR, the petitioner along with other co-accused persons had kidnapped the minor daughter of the informant.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.3319 of 2025(4) dt.02-07-2025 2/3 petitioner submitted that the victim in her statement recorded under Section 183 of BNSS has admitted that she at her own left her parental house along with the petitioner and thereafter, she willingly solemnized marriage with him and now they are living together happily.

5. Mr. Kuldeep Kumar, learned counsel, has tendered his appearance on behalf of the informant and he also informed that both the petitioner and daughter of the informant are living together happily.

6. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

7. Having considered the rival submissions made on behalf of the parties and in view of the fact that the petitioner was major at the time of alleged incidence and the victim was aged about 17 years 10 months and now she is adult and is living together happily with the petitioner, I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail.

8. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten

Patna High Court CR. MISC. No.3319 of 2025(4) dt.02-07-2025 3/3 Thousand) with two sureties of the like amount each to the satisfaction of learned District and Additional Sessions Judgecum-Special Judge, POSCO Act, Supaul / concerned court in connection with Bhaptiyahi P.S. Case No. 230 / 2024, subject to the conditions as laid down under Section 482(2) of the BNSS. (Purnendu Singh, J) Sanjay/- U T