Prince Kumar @ Amit Kumar @ Amit Kumar @ Prince Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13975 of 2025 Arising Out of PS. Case No.-880 Year-2024 Thana- MANER District- Patna ====================================================== Prince Kumar @ Amit Kumar @ Amit Kumar @ Prince Kumar Son of Jawahir Rai Resident of Village - Hathi Tola, P.S. - Maner, District - Patna, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pravashankar Mishra, Advocate For the Opposite Party/s :
Mrs. Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 25-06-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest for the offences punishable under Section 137 (2)/96 of the B.N.S.
3. The F.I.R. discloses that one Chandravati Devi had taken the daughter of the informant along with her for attending the call of nature but she did not return. It was informed by the neighbours and the persons of the vicinity that a boy, namely, Nitish Kumar had been troubling the daughter of the informant for sometime and it is this Nitish Kumar along with his accomplice, Prince Kumar and Chandravati Devi has kidnapped the daughter of the informant.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.13975 of 2025(5) dt.25-06-2025 2/3 petitioner has no relation either with the informant or the said Chandravati Devi or Nitish Kumar. Further, there is no specific allegation against the petitioner and the F.I.R. is also based on some hearsay information given by the co-villagers. Even during the course of investigation no substantial material has been collected against the petitioner and no witness has stated that the victim was last seen in the company of the petitioner. After recovery, the victim girl was examined both under Section 161 Cr.P.C. and Section 164 Cr.P.C. Though in the statement recorded under Section 161 Cr.P.C. dated 26.04.2025, the victim had stated that she had voluntarily gone to Hyderabad since her parents used to scold her and were objecting to her further study, however, subsequently, after four days, i.e. on 28.04.2025, her statement was recorded under Section 164 Cr.P.C. wherein she has narrated about a different story. However, the petitioner is nowhere named in the statement given by the victim girl u/s 164 Cr.P.C.
5. Taking into consideration the abovementioned facts and circumstances of the case and considering the statement of the victim girl recorded under Section 164 Cr.P.C. as also the fact that the petitioner has no criminal antecedent, let the above named petitioner, be released on bail, in the event of his arrest or
Patna High Court CR. MISC. No.13975 of 2025(5) dt.25-06-2025 3/3 surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/ successor Court in connection with Maner P.S. Case No.880 of 2024, subject to the condition as laid down under Section 482 (2) of the B.N.S.S.
(Soni Shrivastava, J) Trivedi/- U