Ajit Kumar @ Ajit Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32412 of 2025 Arising Out of PS. Case No.-28 Year-2025 Thana- BIHPUR District- Bhagalpur ====================================================== Ajit Kumar @ Ajit Das, S/o- Dukhan Das @ Dukha Das, Resident of VillageFatehpur, P.S- Gogri, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar Jha, Advocate For the Opposite Party/s :

Mr.Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 01-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

02. In the present case, the petitioner seeks bail in connection with Bihpur P.S. Case No. 28 of 2025, registered for the alleged offence under Sections 137(2), 96, 3 (5) of BNS, 2023.

03. As per prosecution case, the minor daughter of the informant went missing and the informant showed her suspicion that the petitioner enticed her away.

04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. No occurrence as alleged has ever taken place. The daughter of the informant has been recovered and her statements under Sections 180 and 183 of BNSS, 2023 were recorded

Patna High Court CR. MISC. No.32412 of 2025(3) dt.01-09-2025 2/3 wherein she stated that she went with the petitioner on her own. The learned counsel further submits that the victim girl refused to undergo any medical examination. From the record, it also appears that she is on the verge of majority. Thus, the daughter of the informant was not kidnapped and no sexual assault has been made upon her. The petitioner and the victim girl were in love. The petitioner is a student of B.A. and he is in custody since 02.02.2025. The charge sheet has been submitted. The petitioner is having antecedent of one case in which he is on bail.

05. Learned APP vehemently opposes the submission made on behalf of the petitioner.

06. Having regard to the facts and circumstances and submission made on behalf of the parties and considering the voluntary nature of act of the daughter of the informant, who appears to be on verge of majority, the age at which the girl develops sufficient maturity and further considering the period of custody of the petitioner along with submission of charge sheet, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Naugachhiya, Bhagalpur, in connection with Bihpur P.S. Case No. 28 of 2025,

Patna High Court CR. MISC. No.32412 of 2025(3) dt.01-09-2025 3/3 subject to the conditions mentioned in Section 480 (3) of BNSS and also the 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.

(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.

(Arun Kumar Jha, J) V.K.Pandey/- U T