Neeraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20150 of 2025 Arising Out of PS. Case No.-525 Year-2024 Thana- DANAPUR District- Patna ====================================================== Neeraj Kumar S/o Vir Bahadur Yadav @ Veer Bahadur Singh @ Bir Bahadur Yadav R/o Mohalla - New Tara Chak, P.O.- Dinapur-cum-Khagaul, P.S.- Danapur, Distt.- Patna ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Roushan Kumar, Advocate For the Opposite Party/s :

Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 09-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Danapur P.S. Case No. 525 of 2024 instituted for the offences under Sections 363, 365 of the Indian Penal Code, Sections 4/6 of the POCSO Act and Section 11 of the Prohibition of Child Marriage Act.

3. As per prosecution case, the informant has alleged that his wife left home without informing anyone and sent a message in his mobile phone stating that she is leaving his life forever. It is further alleged that despite extensive searching at relatives' and friends' places, she could not be found.

4. Learned counsel for the petitioner submitted that the

Patna High Court CR. MISC. No.20150 of 2025(3) dt.09-07-2025 2/3 petitioner is innocent and has falsely been implicated in the present case. Learned counsel further submitted that the FIR was lodged against the unknown and later on, during investigation, the informant (petitioner herein) himself was implicated in this case. Learned counsel further submitted that one Lakki Kumari had solemnized love marriage with the petitioner/informant on her own sweet will and this petitioner never forced/compelled her for marriage or for establishing physical relations. He further submitted that nothing has been whispered against the petitioner in Section 183 of the BNSS statement of the victim and she has even refused to undergo medical examination. Learned counsel further submitted that victim is living separately from her matrimonial home. It has been submitted on behalf of the petitioner that the petitioner is in custody since 29.01.2025 and has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Learned APP further submitted that petitioner solemnized marriage with the minor victim and police, after investigation, submitted charge-sheet under Sections 4/6 of the POCSO Act and Section 11 of the Prohibition of Child Marriage Act, 2006.

6. Considering the aforesaid facts and circumstances

Patna High Court CR. MISC. No.20150 of 2025(3) dt.09-07-2025 3/3 of the case, there being no material against the petitioner in Section 183 B.N.S.S. statement of the victim as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Danapur P.S. Case No. 525 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U T