Rajveer Kumar @ Rajveer Kumar Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16844 of 2025 Arising Out of PS. Case No.-89 Year-2024 Thana- BAIRGACHHAI District- Araria ====================================================== Rajveer Kumar @ Rajveer Kumar Sah Son of Manoj Kumar Sah @ Manoj Sah village- Araria Basti, Ps- Bairgachhi, Dist- Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Baleshwar Kamat, Advocate For the State :
Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-04-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offence under Sections 137(2) and 96 of the B.N.S..
3. As per the prosecution case, it is alleged that this petitioner, along with other accused persons named in the F.I.R., kidnapped daughter of informant for the purpose of marriage.
4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. As a matter of fact, the victim, in her statement recorded
Patna High Court CR. MISC. No.16844 of 2025(2) dt.16-04-2025 2/3 under Section 183 of the B.N.S.S., has denied the prosecution case and has categorically stated that she called this petitioner and thereafter, both of them went to solemnize marriage. It is further submitted that the victim is aged about 17 years and 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 antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.
6. Considering the statement of the victim recorded under Section 164 Cr.P.C., the law laid down by this Court and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.
7. 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 sureties of the like amount
Patna High Court CR. MISC. No.16844 of 2025(2) dt.16-04-2025 3/3 each to the satisfaction of learned C.J.M., Araria in connection with Araria Bairgachhi P.S. Case No. 89 of 2024, subject to condition as laid down under Section 482(2) of the B.N.S.S.. (Prabhat Kumar Singh, J) shashank/- U T