Aman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32373 of 2025 Arising Out of PS. Case No.-124 Year-2024 Thana- KARPURIGRAM District- Samastipur ====================================================== Aman Kumar S/o Phoolo Paswan R/o Village- Madhopur ward No. 11, P.S.- Karpurigram, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Bhushan Prasad, Advocate For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 13-08-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner is apprehending arrest in connection with Karpurigram P.S. Case No. 124 of 2024 lodged on 16.11.2024, for the offence punishable under Sections 137(2), 96 & 3(5) of the Bharatiya Nyaya Sanhita, 2023, pending in the Court of Judicial Magistrate 1st Class, Samastipur.

3. As per the prosecution, FIR has been lodged against seven named accused persons including the present petitioner against whom there is an allegation that they have kidnapped the informant's daughter on the pretext of marriage. The delay in lodging the FIR was solely due to the informant's apprehension

Patna High Court CR. MISC. No.32373 of 2025(3) dt.13-08-2025 2/3 that it might adversely affect her daughter's marriage and education.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that whatever be the allegation in the FIR, it is against accused Nitish Kumar and Pawan Kumar. Counsel submits that the petitioner has absolutely done nothing and alleged forceful marriage has been done between Pawan and the alleged victim. Counsel submits that during pendency of the case, the alleged victim girl has been recovered and it is due to this reason, this Hon'ble Court on the previous occasion has called for case diary along with statement of victim under section 183 of the B.N.S.S. Counsel further submits that the petitioner has no criminal antecedent.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that from perusal of the statement of the victim recorded under section 183 of the B.N.S.S, it transpires that the victim has categorically stated that the petitioner along with Chandan Kumar, Nitish Kumar and Pawan kumar have stopped her while she was on the way to her house and thereafter, forcefully kidnapped her.

6. In the present facts and circumstances considering

Patna High Court CR. MISC. No.32373 of 2025(3) dt.13-08-2025 3/3 that the victim has directly alleged the name of petitioner in the commission of crime, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner is hereby rejected.

(Dr. Anshuman, J) Divyansh/- U T