Niranjan Kumar Singh @ Niranjan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.920 of 2025 Arising Out of PS. Case No.-105 Year-2022 Thana- KOPA District- Saran ====================================================== Niranjan Kumar Singh @ Niranjan Singh S/o- Mahamaya Singh Resident of village- Chaukhara Police station-Popa District- Saran ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Ramawati Devi W/o- Babu Lal Ram Resident of village- Chaukhara Police station-Popa District- Saran ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Ms.Mili Kumari For the Respondent/s :

Mr.Binay Krishna- Spl. P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-09-2025

1. Heard learned counsel for the appellant and the learned Special Public Prosecutor for the State.

2. In view of the submissions made by the learned counsel appearing on behalf of the appellant, the defect as pointed out by the office is hereby ignored as it has been submitted that relevant noting on Page-11 of the FIR is not missing.

3. The appellant has challenged the order dated 24.01.2025 passed by the learned SC/ST Exclusive Special Judge, Chapra, Saran in connection with ABP No.4442 of 2024 arising out of Kopa P. S. Case No.105 of 2022, instituted for the offences under Sections 366A and 34 of the Indian Penal Code

Patna High Court CR. APP (SJ) No.920 of 2025(3) dt.11-09-2025 2/3 and Section 3(1)(r)(s) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, whereby his prayer for grant of anticipatory bail has been rejected.

4. The learned counsel appearing on behalf of the appellant submits that appellant is a person with clean antecedent and the informant in sum and substance alleges that her daughter was kidnapped by Mukesh. It is submitted that the appellant was not named in the FIR and the victim was in love with Mukesh and had eloped, but a false case came to be instituted. Later on, the victim was recovered and her statement was recorded under Section 164 Cr.P.C. wherein she supported the case of the prosecution and even disclosed the name of the appellant as an accused. It is submitted that since the statement of the victim was recorded under parental pressure in order to coerce Mukesh into submission, the present appellant was also implicated being his friend.

It is next submitted that in the trial Mukesh was acquitted as victim and Mukesh had performed their marriage and were living as husband and wife. The order of acquittal is annexed as Annexure-2.

Patna High Court CR. APP (SJ) No.920 of 2025(3) dt.11-09-2025 3/3 FIR, no offence against the appellant is made out since he is not named in the FIR. It is also submitted that no useful purpose would be served by issuing notice to the respondent no.2.

5. The learned Special P. P. opposes the bail application.

6. Regard being had to the aforesaid submissions, the order dated 24.01.2025 is set-aside.

7.

The appeal stands allowed.

8.

The appellant, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of learned SC/ST Exclusive Special Judge, Chapra, Saran in connection with ABP No.4442 of 2024 arising out of Kopa P. S. Case No.105 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

(Satyavrat Verma, J) vikash/- U T