Mukesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33468 of 2025 Arising Out of PS. Case No.-889 Year-2024 Thana- WAJIRGANJ District- Gaya ====================================================== Mukesh Kumar S/O Mr. Jageshwar Yadav @ Jagu Yadav R/o VillageBhagalpur, P.S.- Wazirganj, Dist. Gaya ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Photu Devi W/o- Late Ravindra Yadav R/o Village- Sudni, P.O.- kadharia, P.S.- Wajirganj, Dist.- Gaya ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjit Kumar, Adv.
Mr. Harsh Vardhan, Adv.
For the Opposite Party/s :
Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 06-08-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner seeks bail in connection with Wazirganj P.S. Case No. 889 of 2024 dated 23.11.2024 registered for the offence punishable under Sections 137(2), 96 and 3(5) of the Bharatiya Nayay Sanhita, 2023.
3. As per the allegation in the F.I.R., it is a case of kidnapping of two minor daughters, one of the informant and another of Sumitra Devi by the petitioner and coaccused persons.
4. Learned Counsel for the petitioner submits that
Patna High Court CR. MISC. No.33468 of 2025(3) dt.06-08-2025 2/3 the petitioner is innocent and has been falsely implicated in this case. It is submitted that there is allegation of kidnapping minor daughter of Sumitra Devi against the petitioner. It is also submitted that after recovery of the victim, her statement was recorded under Section 183 B.N.S.S. and the victim herself stated that she voluntarily went with the petitioner and she used to talk with the petitioner for the last two years. It is submitted that there was love affairs between the victim and the petitioner. It is submitted that the petitioner is aged about 19 years and the victim girl is aged about 17 years. It is also submitted that there is no whisper of any sexual assault or any illegal act against the petitioner.
It is further submitted that similarly situated person, namely, Vijay Kumar has been granted bail vide Criminal Miscellaneous No. 16760 of 2025 by a coordinate Bench of this Court. Lastly, it has been submitted that the petitioner is in custody since 27.11.2024, having no criminal antecedent and charge-sheet has been submitted in the case.
5. Learned A.P.P for the State opposes the prayer for bail of the petitioner.
Patna High Court CR. MISC. No.33468 of 2025(3) dt.06-08-2025 3/3
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-Ist Class, Gaya in connection with Wazirganj P.S. Case No. 889 of 2024.
(Khatim Reza, J) prabhat/- U T