Govind Kumar @ Gobind Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16809 of 2025 Arising Out of PS. Case No.-440 Year-2024 Thana- MAHNAR District- Vaishali ====================================================== Govind Kumar @ Gobind Kumar S/O Late Nagendra Rai R/O Vill.- Jirwara Mircha, P.S.- Mahua, District- Vaishali ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Sumita Devi @ Sumitra Devi W/O Late Sakal Mahto R/O Vill.- Gurmiya, P.S.- Kartaha, District- Vaishali ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravish Mishra, Advocate For the Opposite Party/s :
Mrs. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-06-2025 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.
2. The petitioner seeks bail in connection with Mahnar P.S. Case No. 440 of 2024, instituted for the offences punishable under Section 96 of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that, informant's grand-daughter went missing and was not traceable. It is further alleged that co-accused, namely, Raja Kumar has kidnapped her because the victim used to talk with him over mobile phone.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case.
Patna High Court CR. MISC. No.16809 of 2025(4) dt.24-06-2025 2/3 Learned counsel for the petitioner also submits that there is delay of ten days in lodging the FIR. The petitioner is not named in the FIR. Name of the petitioner has transpired in this case as the police recovered the victim along with the petitioner on 10.12.2024. The petitioner has not kidnapped the victim. It is next submitted that the victim in her statement recorded under Section 180 of BNSS and Section 183 of BNSS has stated her age as eighteen years and has also stated that she was in love with the petitioner and out of her own sweet will has solemnized marriage with him in a temple. It is further submitted that neither the victim has not stated anything against the petitioner nor any sign of injuries were found on the body of the victim in her medical examination. The petitioner is in custody since 17.12.2024 and has got no criminal antecedent.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two
Patna High Court CR. MISC. No.16809 of 2025(4) dt.24-06-2025 3/3 sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Mahnar P.S. Case No. 440 of 2024.
(Rudra Prakash Mishra, J) Rajorshi/- U T