Pradeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39626 of 2025 Arising Out of PS. Case No.-154 Year-2024 Thana- PARSAUNI District- Sitamarhi ====================================================== Pradeep Kumar S/O Jagarnath Chandrvanshi @ Jagarnath Rajvanshi @ Gagnnath Ram Resident Of Village- Lakhmohana, P.S.- Nemdarganj, DistrictNawada. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Satish Kumar S/O Late Upendra Singh R/O Vill.- Mushhari, P.S.- Parsauni, Dist.- Sitamarhi.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Krishna Deo Raj For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 27-11-2025 Heard the parties.

2. The petitioner seeks bail in connection with Parsauni P.S. Case No. 154 of 2024 registered for the offence under Sections 96/137 of the BNS.

3. The petitioner is named in the F.I.R. and is in custody since 26.01.2025.

4. The allegation against the petitioner is to kidnap the minor daughter of the informant aged about 17 years for the purpose of physical intercourse/ marriage.

5. Learned counsel appearing on behalf of the petitioner submitted that petitioner implicated solely on the

Patna High Court CR. MISC. No.39626 of 2025(5) dt.27-11-2025 2/3 basis of suspicion for the reason that prior to this occurrence he called daughter of the informant on her mobile phone. It is submitted that save and except suspicion nothing incriminating appears against this petitioner during investigation. It is pointed out that the victim of this case not even whispered about this petitioner while recording her statement under Section 183 of BNSS rather she stated that after death of mother her father/ informant advanced sexually on several occasions and for said reason she left her home and she met with one Ankit Kumar with whom she solemnized marriage.

6. Arguing further it is pointed out that still this matter is pending for trial despite custody of this petitioner for about 10 months and same is not likely to conclude within preferred timeline of one year as prescribed under Section 35(2) of the POCSO Act. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and moreover, investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Patna High Court CR. MISC. No.39626 of 2025(5) dt.27-11-2025 3/3

7. Learned APP, opposed the prayer of bail.

8. In view of aforesaid factual submission and by taking note of fact as save and except suspicion nothing incriminating appears against this petitioner either during investigation or from statement of victim under Section 183 of BNSS, coupled with fact that charge-sheet has already been submitted where petitioner remains in custody since 26.01.2025, accordingly petitioner above named, is directed to be released on bail in connection with Parsauni P.S. Case No. 154 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge VI cum Spl. Judge, POCSO Act, Sitamarhi /concerned court, subject to the conditions as mentioned under Section 480(3) of BNSS.

(Chandra Shekhar Jha, J) S.Tripathi/- U T