Prince Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21409 of 2025 Arising Out of PS. Case No.-183 Year-2024 Thana- Mufassil District- Khagaria ====================================================== Prince Kumar S/o Anil Kumar Singh R/o Village- Rankodih, P.S.- Muffasil, District- Khagaria.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vivekanand Singh, Advocate For the Opposite Party/s :
Mr. Ajay Kumar Jha, APP For the Informant :
Mr. Binod Kumar, Adv.
Mr. Aman Kumar Singh, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 06-08-2025 Heard learned counsel for the petitioner and learned APP for the State as well as learned counsel for the informant.
02. In the present case, the petitioner seeks bail in connection with Muffasil P.S. Case No. 183 of 2024 registered for the alleged offences under Sections 126(2), 115(2), 109, 308(3), 78, 352, 351(2) and (3), 3/5 of Bharatiya Nyaya Sanhita, 2023.
03. As per prosecution case, the petitioner along with his associates entered the house of the informant and started forcing him to solemnize marriage of his daughter with the petitioner. When the informant refused, the petitioner and his associates opened fire and when the villagers assembled, the petitioner and his associates fled away from the spot. The
Patna High Court CR. MISC. No.21409 of 2025(3) dt.06-08-2025 2/3 informant further alleged that the petitioner had been torturing his daughter for a quite long time.
04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Even if allegation in the FIR is taken to be true, no one received any injury and, therefore, no offence under Section 109/3(5) of BNS is made out against the petitioner. Even the empty cartridges were handed over to the police by the informant. The petitioner is having clean antecedent. Learned counsel further submits that the petitioner is in custody since 14.02.2025 and charge-sheet has been submitted.
05. Learned APP for the State as well as learned counsel appearing on behalf of the informant vehemently oppose the prayer for bail. Learned counsel for the informant submits that the petitioner has made the life of the minor daughter of the informant hell and due to activities of the petitioner, she is not in a position to attend her school. The informant sent his minor daughter even to her maternal home but the petitioner also reached there and has been extending threat and if he is enlarged on bail, he would again commit such occurrence.
06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody of the petitioner along with submission of
Patna High Court CR. MISC. No.21409 of 2025(3) dt.06-08-2025 3/3 charge-sheet, the petitioner above named is directed to 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 learned Chief Judicial Magistrate, Khagaria in connection with Muffasil P.S. Case No. 183 of 2024, subject to the conditions mentioned in Section 480(3) of BNSS and the following conditions:
(i) Both the bailors will be the parents of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
07. Further, the petitioner would not approach either the informant or his daughter or any of his family members in any manner and if such instance comes to the notice of the court concerned, bail bond of the petitioner will be cancelled. (Arun Kumar Jha, J) Ashish/- U T