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Patna High CourtCR. MISC./9375/2025disposed

Bittu Kumar @ Bitu Kumar v. The State Of Bihar

2025-05-12Mr. Justice Purnendu Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9375 of 2025 Arising Out of PS. Case No.-75 Year-2024 Thana- PANAPUR District- Saran ====================================================== Bittu Kumar @ Bitu Kumar S/o Manoj Giri Resident of village- Semaraha, Police Station- Panapur, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mili Kumari, Advocate.

For the Opposite Party/s :

Mr.Pradeep Narain Kumar, APP.

For the Informant :

Mr. Tej Pratap Singh, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 12-05-2025 Heard Ms. Mili Kumari, learned counsel appearing on behalf of the petitioner; Mr. Pradeep Narain Kumar, learned APP for the State and Mr. Tej Pratap Singh, learned counsel for the informant.

2. The petitioner seeks pre-arrest bail in connection with Panapur P.S. Case No. 75 of 2024 registered for the offence punishable under Sections 363 and 365 of the Indian Penal Code.

3. Allegation is of kidnapping of the minor daughter of the informant.

4. Vide order dated 06.03.2025, statement of the victim recorded under Section 164 Cr.P.C. was called for and in compliance, the same is available on record in a sealed envelop which was opened in the open Court. Let the statement of the victim recorded under Section 164 Cr.P.C. be kept on the record.

5. From perusal of the statement of the victim

Patna High Court CR. MISC. No.9375 of 2025(3) dt.12-05-2025 2/2 recorded under Section 164 Cr.P.C., it appears that the victim has admitted that she on her own had left the home and had gone to Ahmedabad where she had solemnized marriage with the petitioner, namely, Bittu Kumar and she is living with him happily. Victim is now adult which is recorded by the learned Magistrate in the statement of the victim under Section 164 Cr.P.C. I find that the petitioner has made out a case to be released on pre-arrest bail

6. Learned APP for the State and learned counsel for the informant have vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

7. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-VI, Saran at Chapra / Concerned Court in connection with Panapur P.S. Case No. 75 of 2024, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

8. The bail application stands disposed of.

(Purnendu Singh, J) mantreshwar/- U T