Chandan Kumar @ Chandan Nayak v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15151 of 2025 Arising Out of PS. Case No.-428 Year-2024 Thana- SURSAND District- Sitamarhi ====================================================== Chandan Kumar @ Chandan Nayak S/o- Pramod Nayak Village- Dhamitoal, P.S. Parihar, District-Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunil Prasad Singh For the Opposite Party/s :
Mr. Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-06-2025
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Sursand Police Station Case No. 428 of 2024, disclosing offences under Sections 137(2), 87 of the BNS, 2023.
3. As per the prosecution case, on 06.04.2024, in the night at about 10 p.m., one Scorpio vehicle arrived at the door of the informant and kidnapped his daughter. The petitioner along with other accused persons were sitting in the Scorpio vehicle.
4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case merely because he happens to be the friend of the co-accused Anupam Kumar who was having love relationship with the victim girl
Patna High Court CR. MISC. No.15151 of 2025(3) dt.11-06-2025 2/3 and has performed marriage in the temple. The girl is major and was allegedly kidnapped on 06.09.2024, but her statement has been recorded after 5 months on 23.12.2024 in which she has disclosed her age as 20 years. The girl was not recovered from the possession of the petitioner. She appeared herself before the police on 21.01.2024 and thereafter, her statement under section 183 of the BNSS was recorded. In her statement before the learned Magistrate and the police, she has said that her marriage was forcibly performed with the co-accused Anupam Kumar.
5. Having regard to the submissions made on behalf of the parties and taking into consideration the nature of allegation and the fact that entire family members of Anupam Kumar including the petitioner who is a friend of Anupam Kumar have been made accused, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Pupri, in connection with Sursand Police Station
Patna High Court CR. MISC. No.15151 of 2025(3) dt.11-06-2025 3/3 Case No. 428 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure/Section 482(2) of the BNSS, 2023.
(Anil Kumar Sinha, J) HarshPandey/- U T