Sunny Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7170 of 2025 Arising Out of PS. Case No.-217 Year-2024 Thana- BIHTA District- Patna ====================================================== Sunny Kumar Son of Dindayal Rai Resident of Village- Bahpura, P.S.-Bihta, Distt.- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Md. Reyaz Son of Gyasuddin Resident of Daulatpur, Simri, P.S.- Bihta, Distt.- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mrs. Sushmita Sharma, Advocate For the Opposite Party/s :

Mrs. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 21-05-2025 Heard the learned counsel for the petitioner and learned APP for the State.

2. The petitioner makes a prayer for bail in connection with Bihta P.S Case No. 217 of 2024 registered for offences under Sections 363, 365 and 34 of the Indian Penal Code.

3. The prosecution case in the First Information Report discloses that the daughter of the informant was kidnapped on a four wheeler and the name of the person who was taking him away was disclosed as Sunny Kumar who was identified by some people.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.7170 of 2025(5) dt.21-05-2025 2/3 petitioner is himself a boy of 19 years of age and he has not kidnapped the daughter of the informant but as a matter of fact, the petitioner and the victim girl were in a love relationship with each other and the victim voluntarily went along with the present petitioner. The statement of the victim girl has also been recorded under Section 164 of the Cr.P.C. and a perusal of the same would make it clear that the victim was known to the present petitioner for the past two and a half years and she herself had gone to the house of the petitioner and had called him on phone. She has further stated that she went along with the petitioner on train to Patna Junction where they got married according to hindu rites and rituals and both of them stayed as husband and wife. It has also been submitted that the victim is also an adult aged about 18 years and the Aadhar Card of the victim girl has also been brought on record by way of Annexure P/2.

5. Learned APP for the State has opposed the prayer for bail.

6. Taking into consideration the statement of the victim girl, the petitioner also being a boy of young tender age and the case being one of consensual relationship between two adults who subsequently married to each other, let the

Patna High Court CR. MISC. No.7170 of 2025(5) dt.21-05-2025 3/3 petitioner be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount, each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Danapur in connection with Bihta P.S Case No. 217 of 2024, subject to the condition that the petitioner shall co-operate in the investigation/trial.

(Soni Shrivastava, J) Raj Ranjan/- U T