Chhotu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36119 of 2025 Arising Out of PS. Case No.-134 Year-2025 Thana- MOKAMAH District- Patna ====================================================== Chhotu Kumar Son of Suro Mahto @ Suresh Mahto Resident of village - Kanhaipur, Police Station - Mokama, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun, Advocate Mr. Md. Anwar, Advocate For the Opposite Party/s :

Mr. Renu Kumari, APP For the informant :

Mr. Abhigyan Kumar, Advocate Mr. Sanjeet Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 13-08-2025 Heard learned counsel for the petitioner; learned counsel for the informant and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Mokama P.S. Case No. 134 of 2025 dated 21.03.2025, instituted for the offence punishable under Sections 87 of the B.N.S., 2023.

3. The allegation against the petitioner is that he enticed away the daughter of informant and solemnized marriage with her.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that victim is a major girl aged about 19 years. The allegation levelled against the petitioner is not corroborated by the statement of the victim recorded under Section 183 of the B.N.S.S. It is next submitted that petitioner

Patna High Court CR. MISC. No.36119 of 2025(3) dt.13-08-2025 2/2 and victim are co-villagers having love affairs and with consent of victim, the petitioner took her to Patna and then to Delhi and finally both solemnized marriage in Umanath Temple, Barh as per Hindu rites and rituals. An affidavit on the stamp paper has been filed which reveals that petitioner and victim have solemnized marriage in Umanath Temple, Barh on 24.03.2025. Lastly, it has been submitted that the petitioner is in judicial custody since 04.04.2025 having no criminal antecedents and charge-sheet has been submitted in the case.

5. Learned A.P.P. and learned counsel for the informant vehemently opposed the prayer for bail of the petitioner.

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 A.C.J.M.-III, Barh, Patna in Mokama P.S. Case No. 134 of 2025.

(Khatim Reza, J) Sankalp/- U T