Ravi Bhushan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18807 of 2025 Arising Out of PS. Case No.-237 Year-2024 Thana- PIPRA District- Supaul ====================================================== Ravi Bhushan Kumar S/o- Sri Sudhir Sah Resident of Village-Hatwariya Ward No- 08 PS-Pipra District- Supaul Bihar ... ... Petitioner/s
Versus
1 .
The State of Bihar 2.
Ajay Kumar S/o- Sri Chandrabhushan Sah Resident of Village-Hatwariya Ward No- 08 PS-Pipra District- Supaul Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kuldeep Kumar , Advocate Mr. DhireshKumar Dhiraj, Advocate For the Opposite Party/s :
Mr. Umeshand Pandit , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-04-2025 Heard learned counsels for the parties.
2. The petitioner apprehends arrest in a case registered for the offences punishable under Sections 137 ( 2 ) and 96 of BNS.
3 . As per prosecution case , this petitioner, along with other accused persons named in the F.I.R., is alleged to have kidnapped minor daughter of informant for the purpose of marriage .
4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is innocent and has falsely been implicated in this case . As a matter fact, there was love affairs between daughter of informant and this petitioner. During
Patna High Court CR. MISC. No.18807 of 2025(2) dt.18-04-2025 2/3 course of investigation , the victim was recovered and the victim in her statement recorded under Section 183 of BNSS has denied the prosecution case and has categorically stated that she left the house on her own sweet will and solemnized marriage with this petitioner. The medical board has assessed the age of the victim 16 to 18 years old. In this connection, learned counsel for the petitioner has placed reliance upon order of the Division Bench of this Hon'ble Court dated 23.09.2010 in Cr.W.J.C. No. 991 of 2010 (Sahebi Khatoon @ Sahebi Versus State of Bihar and other) wherein this Court has directed to treat a girl as major in case her age assessed to be between 16 to 17 years. Petitioner claims clean antecedent. 5 . Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.
6. Considering the aforesaid facts and circumstances, statement of the victim recorded under Section 183 of BNS and clean antecedent of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two
Patna High Court CR. MISC. No.18807 of 2025(2) dt.18-04-2025 3/3 sureties of the like amount each to the satisfaction of learned Additional district & sessions Judge - cum - special Judge POCSO Act Supaul in connection with Pipra P.S. Case No. 237 of 2024 , subject to condition as laid down under Section 482 ( 2 ) of the Bharatiya Nagarik Suraksha Sanhita ( BNSS) , 2023 .
(Prabhat Kumar Singh, J) Koushik/- U T