Nand Lal Kumar @ Ankush Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18962 of 2025 Arising Out of PS. Case No.-302 Year-2024 Thana- WARISNAGAR District- Samastipur ====================================================== Nand Lal Kumar @ Ankush Kumar S/o Shri Ram Prasad Singh R/o vill - Jharhi, P.O.- Sakri Khurd, P.s.- Passi, Distt.- Arwal ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Shri Vijay Mishra S/o Late Baidnath Mishra R/o Chhatneshwar, ward no. 4, Chhatneshwar, P.S.- Waris Nagar, Distt.- Samastipur, Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vishal Vikram Rana, Advocate For the State :
Mr.Sunil Kumar Pandey, APP For the O.P. NO.2 : Mr. Sumit Kumar Srivastava, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 23-04-2025 Heard learned counsel for the petitioner and learned APP for the State as well as learned counsel for the O.P.No.2.
2. The petitioner apprehends his arrest in connection with Warisnagar P.S. Case No.302 of 2024 registered for the offences punishable under Sections 137(2) and 87 of the Bhartiya Nagrik Suraksha Sanhita.
3. The allegation in the First Information Report has been made against the petitioner stating that he had kidnapped the victim for the purpose of marriage.
4. Learned counsel for the petitioner submits that it would be apparent from a bare perusal of the First Information Report that the victim girl is a major, aged about 21 years, and
Patna High Court CR. MISC. No.18962 of 2025(3) dt.23-04-2025 2/3 there is a love relationship between the petitioner and the victim. It has further been submitted that it is due to the consensual relationship between the parties that the victim had taken an independent and conscious decision to leave the house with the petitioner and has subsequently even got married to the petitioner.
5. By the last order dated 16.04.2025, the opposite party no.2 was required to be personally present in the Court for the purposes of identifying his daughter. Today, both the victim and the opposite party are present in Court and he identifies his own daughter.
6. Learned APP for the State and learned counsel for the O.P. No.2 have opposed the prayer for anticipatory bail.
7. Taking into consideration the abovementioned facts and circumstances of the case and further that the petitioner has no criminal antecedent, I am inclined to extend the privilege of anticipatory bail to the petitioner. Let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate,
Patna High Court CR. MISC. No.18962 of 2025(3) dt.23-04-2025 3/3 Samastipur in connection with Warisnagar P.S. Case No.302 of 2024, subject to the condition as laid down under Section 438
(2) of the Cr.P.C. and subject to the further condition that the petitioner shall cooperate in the investigation/trial. (Soni Shrivastava, J) arvind/- U T