Suraj Kumar @ Suraj Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29926 of 2025 Arising Out of PS. Case No.-156 Year-2024 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== Suraj Kumar @ Suraj Singh S/O Dileshwar Singh @ Tileshwar Singh Resident of Village- Bhitti, P.S.- Mohania, District- Kaimur at Bhabua ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Bechan Sah S/O Late Gurucharan Sah R/O Village- Bhitti, P.S- Mohania, Distt.- Kaimur at Bhabua.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Uday Pratap Singh, Advocate For the Opposite Party/s :

Mr. Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 14-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending arrest in connection with Mohania P.S. Case No. 156 of 2024, registered on 11.03.2024, for the offences punishable under Sections 366(A) and 34 of the Indian Penal Code.

3. As per the prosecution, the FIR has been lodged against five named accused persons including the petitioner. It has been alleged in the FIR that the petitioner and other accused persons lured and enticed the informant's minor daughter for his personal gain and kidnapped her.

Patna High Court CR. MISC. No.29926 of 2025(2) dt.14-05-2025 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and has not committed any offence. It is further submitted that the petitioner has no criminal antecedents. Counsel also submits that there is an unexplained delay of approximately 17 days in lodging the FIR. Furthermore, it is submitted that the marriage was solemnized between the petitioner and the victim girl. Counsel also submits that the petitioner is willing to comply with all conditions that may be imposed by this Hon'ble Court.

5. Learned APP for the State opposes the prayer for bail and submits that the victim girl was below 18 years of age, and there is a direct allegation against the petitioner of having kidnapped her. It is further submitted that, in her statement recorded under Section 161 of the Cr.P.C., the victim has stated that she was in a physical relationship with the petitioner.

6. In the present facts and circumstances, this Court is not inclined to grant anticipatory bail to the petitioner, therefore the bail application of the petitioner is hereby rejected.

7. The petitioner is directed to surrender before the Trial Court within a period of six weeks from today. In the event the petitioner surrenders within the stipulated period and produces substantial proof of a valid marriage, then the Trial

Patna High Court CR. MISC. No.29926 of 2025(2) dt.14-05-2025 3/3 Court shall pass order on his surrender-cum-bail application on the same day without being prejudice that the anticipatory bail of the petitioner has been rejected by this Court and the Trial Court shall pass order on the merit of this case. (Dr. Anshuman, J.) Aman Kumar/- U T