Sundaram Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39197 of 2025 Arising Out of PS. Case No.-156 Year-2024 Thana- SIMRAHA District- Araria ====================================================== Sundaram Kumar S/O Jamun Paswan Resident of village- Madarganj, ward no 16, Police Station- Simraha, district- Araria ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar Rana, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 01-07-2025 Heard Mr. Mukesh Kumar Rana, learned counsel for the petitioner and Mr. Sanjay Kumar Pandey, learned APP for the State.

2.The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Simraha P.S. Case No. 156 of 2024 instituted for the offence under Section 137(2) and 96 of B.N.S.

3. The case of the prosecution is that the petitioner has kidnapped the minor daughter of the informant. When the informant went to the house of the petitioner for inquiry, she came to know that the petitioner has solemnized marriage with the victim.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It has further

Patna High Court CR. MISC. No.39197 of 2025(2) dt.01-07-2025 2/2 been submitted by learned counsel for the petitioner that from perusal of the order of the trial court, it will transpire that the victim was having affair outside marriage with the petitioner and she has gone with him with her own will. It has also been submitted that the victim is aged about 19 years. It is a case of elopement. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent.

5. In contra, learned APP appearing for the State has vehemently opposed the prayer for bail of the petitioner.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Simraha P.S. Case No. 156 of 2024, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Ashok Kumar Pandey, J) Shubham/- U T