Naresh Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15216 of 2025 Arising Out of PS. Case No.-496 Year-2024 Thana- SULTANGANJ District- Bhagalpur ====================================================== Naresh Bind S/O Girichand Bind R/vill.- Shivnandanpur, P.S- Sultanganj, Distt.- Bhagalpur.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Monika Devi W/O Bilash Yadav R/O Village- Shivnandanpur, Ward No. 8, P.S- Sultanganj, Distt.- Bhagalpur.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajive Ranjan Singh, Advocate For the Opposite Party/s :

Mr. Jai Narain Thakur, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 14-05-2025 Heard Learned Counsel for the petitioner and Learned A.P.P for the State.

2. The petitioner is apprehending arrest in connection with Sultanganj P.S. Case No. 496 of 2024 lodged on 21.10.2024, for the offence punishable under Section 96 of the Bharatiya Nyaya Sanhita, 2023.

3. As per the prosecution, FIR has been lodged against two named accused persons including the present petitioner with allegation that on the instruction of present petitioner, his nephew fled away with the informant's daughter.

Patna High Court CR. MISC. No.15216 of 2025(3) dt.14-05-2025 2/3

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that name of the petitioner has figured in this case only due to the reason that he is the uncle of the accused with whom informant's daughter fled away. Counsel submits that petitioner has no criminal antecedent and on previous occasion, case diary has been called for.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that on previous occasion, case diary has been called for and from the case diary, it transpires that witnesses in para 7, 15 and 16 of the case diary have supported the prosecution case who stated that when informant requested the petitioner to return her daughter, then he told that the victim will return home in four days. But, till date, victim girl has not returned and she is traceless.

6. In the present facts and circumstances, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner is hereby rejected.

7. However, if petitioner surrenders before the Trial Court within a period of six weeks from today along with the recovery of victim girl (informant's daughter), then in that case, the Trial Court is directed to pass order on his surrender-cum-

Patna High Court CR. MISC. No.15216 of 2025(3) dt.14-05-2025 3/3 bail application on the same day without being prejudice that the anticipatory bail of the petitioner has been rejected by this Court and the Trial Court shall pass order on the merit of this case. (Dr. Anshuman, J) Divyansh/- U T