Shivam Choudhary @ Shivam Kumar @ Shiva Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17613 of 2026 Arising Out of PS. Case No.-58 Year-2025 Thana- RANIGANJ District- Araria ====================================================== Shivam Choudhary @ Shivam Kumar @ Shiva Kumar Son of Bouku Choudhary Resident of village- Kohwara (Bishanpur), ward no 07, PSRaniganj, District- Araria ... ... Petitioner/s

Versus

1.

The State of Bihar & Anr.

2.

Shyamanand Singh S/o Late Mohit Singh R/o vill - Hiranagar Kalabalua, ward no. 12, P.S.- Raniganj, Distt.- Araria ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Madhav Jha For the Opposite Party/s :

Mr.Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER 17-06-2026 Heard learned counsel for the petitioner and learned APP for the State. Although notices have been validly served upon O.P. No. 2, there is no representation on his/her behalf.

2. The petitioner has preferred this application for grant of regular bail in connection with Raniganj P.S. case No. 58 of 2025 registered for the offences punishable under Sections 137(2), 96, 61(2) and 3(5) of the BNS.

3. As per the prosecution case, the daughter of informant who happens to be the victim of this case was allegedly kidnapped by petitioner and others for the purpose of marriage.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.17613 of 2026(4) dt.17-06-2026 2/3 that the petitioner is innocent and has been falsely implicated in the present case. It has further been submitted that the statement of the victim recorded under Section 183 of the B.N.S.S., which was called for pursuant to the order dated 25.03.2026, indicates that the petitioner and the victim were in love with each other. It has been submitted that when her parents came to know about their relationship, she was scolded and in a heat of anger, she left her house on 09.02.2025 without informing anyone and boarded a train to Delhi. Thereafter, on 16.02.2025, she returned from Delhi to Bihar along with the petitioner. It has further been submitted that in her statement recorded under Section 183 of the B.N.S.S.

, the victim categorically stated that she had solemnized her marriage with the petitioner at Purnea and thereafter, both of them went to Punjab and started living there. It has also been submitted that on 05.05.2025, the Jalandhar Police brought her to Araria. It has further been submitted that victim admittedly was aged about 17 years on the date of alleged occurrence and "there is no element of enticing away or taking away" against the petitioner. Moreover, the victim girl is on the verge of attaining majority and she was not of such tender age so as to not understand the consequences of her action.

Patna High Court CR. MISC. No.17613 of 2026(4) dt.17-06-2026 3/3 criminal antecedent. It has lastly been submitted that petitioner is in custody since 09.05.2025.

5. Learned APP for the State has vehemently opposed the prayer for bail of the petitioner.

6. Heard the parties and perused the record.

7. Considering the above facts and circumstances of the case, let the petitioner above-named, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Araria, in connection with Raniganj P.S. case No. 58 of 2025.

8. The application stands allowed.

(Praveen Kumar, J) Jyoti/- U T