Lalan Kumar @ Lalan Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13785 of 2025 Arising Out of PS. Case No.-9 Year-2021 Thana- DEWARIA District- Muzaffarpur ====================================================== Lalan Kumar @ Lalan Kumar Das S/O Umesh Das @ Suresh Das R/O Village- Teliya Chhapra, P.S- Sahebganj, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brahmaputra Singh Ishu, Adv For the Opposite Party/s :

Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-05-2025 1.

Heard learned counsel for the petitioner, Shri Brahmaputra Singh Ishu and learned A.P.P. for the State. 2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 363, 366A, 504 and 34 of the I.P.C.

3.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that petitioner, who is son of his cousin brother, met the victim and her grandmother in a market and started talking with the victim and they moved ahead but did not return, thereafter victim's grandmother called and informed the informant about the incident, thus the informant alleges that petitioner kidnapped the victim for the purpose of marriage.

4.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.13785 of 2025(3) dt.12-05-2025 2/3 from perusal of the allegation as alleged in the FIR, it would manifest that the informant and the petitioner are related and petitioner is son of the cousin brother of the informant, as such victim was his sister and no brother would indulge in an act of kidnapping. It is also submitted that since the family is having dispute relating to property, as such the present false case came to be instituted. It is next submitted that the informant in the FIR alleges that the victim was aged 15 years, but two months after the occurrence, she got married to Santosh, which amply demonstrates that victim was not a minor or else she would not have been married after two months of the occurrence.

It is further submitted that the victim two years thereafter died, as such the informant instituted Sahebganj P.S. Case No. 152 of 2023 (Annexure-2) against Santosh and his family members wherein he alleges that his daughter was 24 years of age, which amply demonstrates that the informant only to give seriousness to the case falsely alleged that the victim was a minor on the date of occurrence when it is alleged that petitioner kidnapped her. It is next submitted that on account of dispute relating to property, the present false case came to be instituted by the informant who is cousin uncle of the petitioner. 5.

Learned A.P.P. for the State opposes the prayer for

Patna High Court CR. MISC. No.13785 of 2025(3) dt.12-05-2025 3/3 anticipatory bail of the petitioner.

6.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Deoriya P.S. Case No. 09 of 2021, subject to the conditions as laid down under Section 482 (2) of the BNSS.

(Satyavrat Verma, J) SUMIT/- U T