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Patna High CourtCR. MISC./35758/2025bail granted

Shivam Kumar @ Shishu v. The State Of Bihar

2025-06-23Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35758 of 2025 Arising Out of PS. Case No.-595 Year-2024 Thana- GAUTAMBUDHNAGAR DistrictSiwan ====================================================== Shivam Kumar @ Shishu S/o Lal Babu Sharma R/o Vill- Hariharpur Lalgarh, Phulwari Tola, P.S.- G.B. Nagar, Tarwara, Distt- Siwan ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Bimla Devi W/o Rajbanshi Singh R/o Vill- Hariharpur Lalgarh, Phulwari Tola, P.S.- G.B. Nagar, Tarwara, Distt- Siwan ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arbind Kumar Singh, Advocate For the Opposite Party/s :

Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-06-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with G.B. Nagar P.S. Case No. 595 of 2024 dated 22.11.2024 registered for the offences punishable under Section 137(2)/87 of the B.N.S., 2023.

3. As per the prosecution case, the petitioner along with other co-accused person is alleged to have kidnapped the minor daughter of the informant for the purpose of marriage.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is also submitted that as per the FIR, it is evident that the occurrence was taken place on 17.11.2024 and the FIR was instituted on 22.11.2024 i.e., delay of five days and there is

Patna High Court CR. MISC. No.35758 of 2025(3) dt.23-06-2025 2/2 no explanation for the same. After recovery of the victim girl, her age was examined by the Doctor as 17-20 years and there is no evidence of sexual assault. The victim was neither forced or seduced to have illicit intercourse with any other person. The petitioner has no concern with the alleged offence. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 19.01.2025.

5. Learned A.P.P. for the State has opposed the bail petition of the petitioner and submitted that the victim is a minor girl.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Siwan in connection with G.B. Nagar P.S. Case No. 595 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) Sudhanshu/- U T