Ankit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20392 of 2025 Arising Out of PS. Case No.-271 Year-2024 Thana- DIDARGANJ District- Patna ====================================================== Ankit Kumar Son Of Raj Kumar Singh @ Raj Kumar Ray @ Bantha Resident Of Village-Gyanchak, Kothia, P. S.-Didarganj, District-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jay Ram Prasad, Advocate For the Opposite Party/s :

Mr.Rajendra Nath Jha, A.P.P.

Mr. Deepak Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 23-04-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State.

2. In the present case, the petitioner seeks bail in connection with Didarganj P.S. Case No. 271 of 2024, registered for the offences under Sections 137(2) and 96 of the Bharatiya Nayaya Sanhita.

3. As per the prosecution case, the minor daughter of the informant was enticed away by the petitioner.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The daughter of the informant was in love with the petitioner and she fled with him on her own and they solemnized marriage. The statement of the victim girl

Patna High Court CR. MISC. No.20392 of 2025(2) dt.23-04-2025 2/3 was recorded under Section 180 of the B.N.S.S. wherein she stated that she fled away with the petitioner with her own choice and she refused to undergo medical examination. Charge sheet has been submitted under Section 96 of the B.N.S. and Section 3⁄4 of the Child Marriage Act. The petitioner is aged about 21 years and he is having no criminal antecedents. The petitioner is in custody since 22.11.2024. Learned counsel further submits that a compromise has been filed before the learned trial court and the informant is not willing to proceed with the matter.

5. Learned counsel for the informant admits that factum of compromise. However, the learned A.P.P. opposes the submission made on behalf of the petitioner. Learned A.P.P. submits that in the statement of victim girl recorded under Section 180 of the B.N.S.S., the learned Magistrate found the victim girl to be a minor and charge sheet has been submitted against the petitioner for procuration of minor and charge sheet has also been submitted against the petitioner under Section 3⁄4 of the Child Marriage Act.

6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the submission of charge sheet and period of custody of the petitioner along with his age and his clean antecedent, the

Patna High Court CR. MISC. No.20392 of 2025(2) dt.23-04-2025 3/3 petitioner is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned J.M.F.C., Patna City, Patna/concerned court, in connection with Didarganj P.S. Case No. 271 of 2024, subject to the condition laid down under Section 480(3) of the B.N.S.S. and other following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(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.

anuradha/- (Arun Kumar Jha, J) U