Saurav Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15813 of 2025 Arising Out of PS. Case No.-255 Year-2024 Thana- RAJAPAKAR District- Vaishali ====================================================== Saurav Kumar, Son of Rambalak Paswan @ Baliram Paswan, Resident of Village -Bakarpur, Bishunpur Saad UrfBakarpur, Vaishali, Bishanpur Saad Urf Bakarpur, PS- Rajapakar,Dist- Vaishali ,Bihar -844115 ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Aryan Sinha, Advocate For the Opposite Party/s :
Mr. M.K. Nirala, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 12-05-2025 Heard learned Advocate appearing on behalf of the petitioner and the learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with Rajapakar P.S. Case No. 255 of 2024, registered for the offences punishable under Sections 140(3), 87 and 96 of the Bharatiya Nyaya Sanhita, 2023.
3. Allegedly the minor daughter of the informant was enticed away by co-accused Ankit Kumar for the purposes of marriage with the assistance of other accused persons including the petitioner. The informant having come to know about the aforesaid occurrence rushed to the house of co-accused Ankit Kumar, whereupon all the accused persons threatened him with dire
Patna High Court CR. MISC. No.15813 of 2025(4) dt.12-05-2025 2/3 consequences and said that now his daughter has became the daughter-in-law of this family.
4. Learned Advocate appearing on behalf of the petitioner contended that the alleged occurrence of enticing away the minor daughter of the petitioner took place on 16.07.2024, but the present FIR came to be lodged on 18.07.2024. The entire allegation revolved around co-accused Ankit Kumar and only on account of the fact that the petitioner being friend of Ankit Kumar, his name has been implicated alongwith other persons. Soon after the occurrence, the statement of the victim was recorded under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, wherein she has not made any allegation against the petitioner, except the fact that the petitioner was assisting the co-accused Ankit Kumar. However, the victim categorically stated that none of them has misbehaved with them.
5. On the other hand, learned Advocate for the State opposed the pre-arrest bail application and submits that because of the assistance rendered by the petitioner, the minor daughter of the informant was kidnapped.
6. Regard being had to the submissions made on behalf of the parties and considering the statement of the victim
Patna High Court CR. MISC. No.15813 of 2025(4) dt.12-05-2025 3/3 who has not made any allegation of misbehavior against any of the person, coupled with the fair antecedent and the delay in lodging of the FIR, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Court of Additional District and Session Judge-II, Hajipur in connection with Rajapakar P.S. Case No. 255 of 2024, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close family members of the petitioner.
(Harish Kumar, J) supratim/- U T