Manish Kumar Kharwar @ Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37852 of 2025 Arising Out of PS. Case No.-60 Year-2024 Thana- KARAHGAR District- Rohtas ====================================================== Manish Kumar Kharwar @ Manish Kumar S/O Shivjee Kharwar R/O Village- Ladui, P.S- Karaghar (Barahari OP.), Distt.- Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhaneshwar Prasad Gupta, Advocate For the Opposite Party/s :

Mr. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 18-06-2025 Heard Mr. Dhaneshwar Prasad Gupta, learned counsel for the petitioner and Mr. Ramesh Chandra, learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Karagahar P.S. Case No. 60 of 2024, F.I.R. dated 13.02.2024 for the offences punishable under Sections 363 and 366A of the Indian Penal Code.

3. According to prosecution case, all the FIR named accused persons including the petitioner are said to have kidnapped the daughter of the informant aged about 17 years for the purpose of marriage.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the

Patna High Court CR. MISC. No.37852 of 2025(2) dt.18-06-2025 2/3 allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offences as alleged in the F.I.R. He further submits that the petitioner was in love with the victim and they have performed marriage on 05.05.2025 with the consent of the family members of both sides. After marriage, the victim is living in her matrimonial house (petitioner's house).

5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner is named in the F.I.R.

6. Considering the aforesaid facts and circumstances that the petitioner has clean antecedent and he has performed marriage with the victim on 05.05.2025, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.- IV, Sasaram, Rohtas in connection with Karagahar P.S. Case No. 60 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/482(2) of the B.N.S.S., 2023 and with other following conditions:-

Patna High Court CR. MISC. No.37852 of 2025(2) dt.18-06-2025 3/3 i. One of the bailor should be the victim namely, Khushi Kumari.

ii. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. iii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

iv. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) priyanka/- U T