Kamlesh Mahto @ Kamlesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9240 of 2025 Arising Out of PS. Case No.-196 Year-2024 Thana- BANIAPUR District- Saran ====================================================== Kamlesh Mahto @ Kamlesh Kumar S/O Suresh Mahto, Resident of village and PO- Rajdhani, PS- Taraiya, Dist.- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 14-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Baniyapur P.S. Case No. 196 of 2024 dated 10.05.2024 instituted for the offence punishable under Sections 366(A) of the Indian Penal Code.

3. The prosecution case, in short, is that the petitioner in connivance with other accused persons kidnapped the daughter of the informant with intention to marry her.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. Learned counsel for the petitioner further submits that the age of the informant's daughter (victim) is 18 years. She fled away from her house on 09.05.2024 and went to Uttarakhand where the petitioner was working. It is further submitted that on 11.05.2024

Patna High Court CR. MISC. No.9240 of 2025(3) dt.14-05-2025 2/2 they got married in a temple and lived there for five months together. When they came to know about the instant false F.I.R. lodged by the parents of the victim, they came back to the village and thereafter victim herself appeared before the concerned police station. Thereafter her statement was recorded under Section 183 of B.N.S.S. The victim girl stated that she went to the work place of the petitioner in Uttrakhand from his house and thereafter she married with the petitioner. She further stated that she wants to live with the husband(petitioner). Lastly, it has been submitted that the petitioner is in custody since 26.11.2024 having two criminal antecedents. Charge-sheet has been submitted in the case.

5. Learned A.P.P. for the State opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saran at Chhapra in connection with Baniyapur P.S. Case No. 196 of 2024.

(Khatim Reza, J) premchand/- U T