Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7675 of 2025 Arising Out of PS. Case No.-768 Year-2024 Thana- BIHAR District- Nalanda ====================================================== Deepak Kumar S/O Sanjay Yadav R/O Village- Kantahi (Saluganj), P.SBihar, Distt.- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kishor Prasad For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 27-03-2025

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Biharsharif Police Station Case No. 768 of 2024, disclosing offences under Sections 137(2), 96 of the BNS, 2023.

3. As per the FIR, the minor daughter of the informant, aged about 15 years had gone to bring some puja articles from the market, but she did not return. Upon inquiry, the informant came to know that his neighbor Deepak Kumar has abducted/kidnapped the daughter of the informant with an intention to marry her.

4. Learned Counsel for the petitioner submits that both petitioner and the victim girl are neighbors and there was love relationship between them. The victim girl went with the

Patna High Court CR. MISC. No.7675 of 2025(2) dt.27-03-2025 2/3 petitioner on her free will and has solemnized marriage with the petitioner in a temple at Patna. Learned counsel next submits that during investigation, the victim girl has stated that she was not kidnapped by the petitioner and she went with the petitioner without any coercion. He next submits that in her statement, recorded under Section 183 of the BNSS, 2023, before the learned magistrate, she has reiterated the statement made before the police.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the submission of learned counsel that during investigation, the police recorded the statement of the victim girl in which she has not supported the prosecution story and said that she went with the petitioner without any coercion or pressure and has solemnized marriage, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released 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 Chief Judicial Magistrate,

Patna High Court CR. MISC. No.7675 of 2025(2) dt.27-03-2025 3/3 Nalanda at Biharsharif, in connection with Biharsharif Police Station Case No. 768 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure/Section 482(2) of the BNSS, 2023.

(Anil Kumar Sinha, J) harshpandey/- U