Golu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36683 of 2025 Arising Out of PS. Case No.-21 Year-2025 Thana- BARH District- Patna ====================================================== 1.

Golu Kumar Son of Bhola Paswan @ Sanjay Paswan R/O Village- Hajipur Billor, P.S.- Barh, Distt.- Patna 2.

Bittu Kumar Son of Bhola Paswan @ Sanjay Paswan R/O Village- Hajipur Billor, P.S.- Barh, Distt.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Pandey, Adv.

For the Opposite Party/s :

Mr.Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-07-2025 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in connection with Barh P.S. Case No. 21 of 2025 dated 09.01.2025 for the offences punishable under Sections 140(3) and 96 of the B.N.S.

3. As per prosecution case, the petitioners are alleged to have kidnapped the minor daughter of the informant on motorcycle. On 08.01.2025 the informant's daughter came to the police station. It is further alleged that the accused persons threatened to kill the informant's daughter.

4. Learned counsel for the petitioners has submitted

Patna High Court CR. MISC. No.36683 of 2025(2) dt.02-07-2025 2/3 that the petitioners are innocent and have falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioners. The occurrence took place on 04.01.2025 but the F.I.R. was lodged on 09.01.2025 and there is no explanation for this delay. Learned counsel has further submitted that the informant's daughter herself appeared before the police station on 08.01.2025 and thereafter, her statement was recorded u/s 183 of the B.N.S.S. that she has voluntarily left her house and went to Mumbai but she has not stated anything against the petitioners. It is further submitted that there is nothing on record which shows that the victim was forced or seduced to have illicit intercourse with another person. The petitioners have no criminal antecedent as stated in para 3 of the bail petition.

5. Learned APP for the State has vehemently opposed the prayer for anticipatory bail of the petitioners and submitted that the victim is a minor girl.

6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the petitioners, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty Thousand) each with two sureties of

Patna High Court CR. MISC. No.36683 of 2025(2) dt.02-07-2025 3/3 the like amount each to the satisfaction of the learned court concerned, Barh, Patna in connection with Barh P.S. Case No. 21 of 2025, subject to conditions as laid down under Section 482(2) of the B.N.S.S. with further condition :- (i) The petitioners are directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioners are liable to be cancelled.

7. The application stands allowed.

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