Niraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8077 of 2025 Arising Out of PS. Case No.-21 Year-2024 Thana- Mufassil District- Khagaria ====================================================== Niraj Kumar S/o- Shambhu Paswan, R/o Village- Sansarpur, P.S- Muffasil, District- Khagariya.

... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-03-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 366 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that his major daughter was abducted by the named accused persons including the petitioner on 12.04.2024. He further submits that petitioner has been falsely implicated in the instant case by the informant. It is next submitted that the victim and the petitioner were in love and they eloped. It is further submitted that even statement of the victim was recorded under Section 164 of the Cr.P.C., wherein she has not supported the case of the prosecution, rather has stated that she has married the petitioner. It is also submitted that it appears that inadvertently in the order

Patna High Court CR. MISC. No.8077 of 2025(2) dt.06-03-2025 2/2 impugned it has been recorded that informant alleges that his married daughter was kidnapped by the accused persons, when the victim was not married from before. It is also submitted that from perusal of Annexure-2 of the anticipatory bail application, it would manifest that the petitioner and the victim have performed their marriage for which marriage certificate has been issued by the learned Registrar, Hindu Marriages, Uppal, Medchal- Malkajigiri District, Telangana.

4. Learned Additional Public Prosecutor for the State opposes the prayer for anticipatory bail of the petitioner.

5. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial Court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand only) with two sureties of the like amount each to the satisfaction of the learned trial Court, where the case is pending / successor Court, in connection with Khagaria (Muffasil) P.S. Case No. 21 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Satyavrat Verma, J) Shahnawaz/- U T