Sanni Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12644 of 2025 Arising Out of PS. Case No.-249 Year-2024 Thana- KHARIK District- Bhagalpur ====================================================== Sanni Kumar Son of Bilash Sah R/o Ward No 02, Jhanw, PS -Kharik DistrictBhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 14-05-2025 Heard the parties.
2. The petitioner is apprehending his arrest in connection with Kharik P.S. Case No. 249 of 2024 for the offence under sections 137(2), 96 and 3(5) of the B.N.S. lodged on 27.10.2024 by the informant, Manoj Mandal.
3. As per the prosecution story, the informant alleged that in the night, he found her sister missing, upon search, she could not be traced out. Later, the role of this petitioner came that he has taken her away. This led to the FIR.
4. Learned counsel for the petitioner submits that the girl subsequently returned and made her statement under Section 183 of the BNSS where she has clearly stated that she went on her own and upon knowledge of the case, returned. The petitioner though accompanied her, had no role to play.
Patna High Court CR. MISC. No.12644 of 2025(3) dt.14-05-2025 2/3
5. Learned APP opposes the prayer submitting that the girl is minor.
6. Taking into account the submissions of the parties as also that the girl has narrated that she went on her own, petitioner is a young boy of 21 years having no criminal antecedent, in that background, this Court is inclined to extend him the privilege of anticipatory bail with conditions.
7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned ACJM, I, Naugachiya in connection with Kharik P.S. Case No. 249 of 2024 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall in no way try to induce or
Patna High Court CR. MISC. No.12644 of 2025(3) dt.14-05-2025 3/3 promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Adnan/- U T