Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14923 of 2025 Arising Out of PS. Case No.-42 Year-2024 Thana- KOTWA District- East Champaran ====================================================== Suraj Kumar S/o- Bhuvneshwar Mahato @ Bhunesh Mahto Resident Of Village- Barharwa Kala, Ramji Tola, Ps- Kotwa, Dist-East Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Chunchun Devi W/o- Rajdeo Paswan Village- Barharwa Kala Ramji Tola Ps- Kotwa Dist- East Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pravin Kumar, Adv.

For the Opposite Party/s :

Mr. Kalyan Shankar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 02-04-2025 Heard the parties.

2. The petitioner is named in the F.I.R. and apprehending his arrest in connection with Kotwa P.S. Case No. 42 of 2024 registered for the offences punishable under Sections 363, 366A, 341 of the IPC and Sections 8, 12 of POCSO Act.

3. The allegation against petitioner is to kidnap minor daughter of the informant aged about 12 years for the purpose to force her in the illegal trade of prostitution.

4. It is submitted by learned counsel for the petitioner that the allegation is very general and omnibus.

Patna High Court CR. MISC. No.14923 of 2025(2) dt.02-04-2025 2/3 It is submitted that allegation against the petitioner is only to push the informant on the road. It is further pointed out that the allegation as to force the minor daughter of informant in trade of prostitution is based upon suspicion only. While concluding arguments, it is submitted that petitioner is a man of clean antecedent.

5. Learned APP, while opposing the prayer of bail submitted that the petitioner actively participated in the occurrence of kidnapping as per FIR along with other co-accused persons. It is pointed out that beside aforesaid involvement the petitioner pushed the informant causing her to fell down to the ground and also abused her. It is pointed out that the informant is an eye witness of the occurrence.

6. In view of aforesaid factual submission and by taking note of fact that the informant is an eye witness of the occurrence of kidnapping of her minor daughter aged about 12 years, where petitioner played a very active role as aforesaid, coupled with the fact that the

Patna High Court CR. MISC. No.14923 of 2025(2) dt.02-04-2025 3/3 investigation is yet to be concluded, accordingly, the anticipatory bail prayer of the petitioner stands rejected herewith.

(Chandra Shekhar Jha, J) Sudha/- U T