Keshav Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31960 of 2025 Arising Out of PS. Case No.-147 Year-2024 Thana- KASIMBAZAR District- Munger ====================================================== Keshav Kumar S/o Late Badal Mahto R/o Village- Laldarbaza (Ganga Nagar), P.S.- Kotwali, Distt.- Munger ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Mithilesh Kumar S/o Late Vinodi Mahto R/o Village- Belwa Ghat, P.S.- Kasim Bazar, Distt.- Munger ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raj Kumar Choudhary, Adv For the Informant :
Mr. Rabindra Kumar, Adv For the Opposite Party/s :
Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 21-05-2025 Heard learned Counsel for the petitioner and learned counsel for the informant as well as learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Kasim Bazar P.S. Case No. 147 of 2024 registered for the offences punishable u/s 363 and 366A of the I.P.C.
3. As per the prosecution case, the sister of the informant, aged about 16 years had gone to the market, thereafter, she did not return and on hectic search, it was learnt that the petitioner had taken away the sister of the informant by inducing her for the purposes of marriage.
4. Learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.31960 of 2025(2) dt.21-05-2025 2/3 that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that there is a love affair between the petitioner and the victim. It is further submitted that the victim girl had gone along with the petitioner to Bangalore and also solemnized marriage with him. It is next submitted that the victim girl had refused for medical examination and during the course of investigation the parties had also compromised. It is next submitted that the victim girl, as on today is living with her in-laws. It is lastly submitted that the petitioner has one criminal antecedents and is in custody since 07.01.2025.
5. Learned counsel for the informant has supported the submissions made on behalf of the petitioner and has also accepted the fact that the marriage had indeed been solemnized and the parties have compromised and as of now the victim girl is living with her in-laws.
6. Considering the aforesaid submissions of the parties and taking into account the fact that the victim girl is living with the family of the petitioner and also considering the period of custody, let the petitioner above-named, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Munger, in connection
Patna High Court CR. MISC. No.31960 of 2025(2) dt.21-05-2025 3/3 with Kasim Bazar P.S. Case No. 147 of 2024, subject to the following conditions:- (i) One of the bailors will be 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 two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be canceled by the Court concerned.
(iv) If the petitioner is found involved in similar nature of offence in future, the prosecution will be at liberty to move for cancellation of his bail bond.
(v) The learned Court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
7. The application stands allowed.
(Sourendra Pandey, J) Jyoti/- U T