Sheo Shankar Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41326 of 2025 Arising out of PS. Case No.-196 Year-2024 Thana- NOKHA District- Rohtas ====================================================== Sheo Shankar Kumar S/o Dasai Ram, Resident of village/ Post- Baraon, P.S.- Nokha, District- Rohtas.
... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Anjali Kumari, D/o Shiv Ram R/o Village- Baraon, P.S.- Nokha, DistrictRohtas ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhaneshwar Prasad Gupta, Advocate For the Opposite Party/s:
Mr. Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 18-12-2025 Heard Mr. Dhaneshwar Prasad Gupta, learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Nokha P.S Case No. 196 of 2024 registered under sections 366A and 34 of IPC lodged on 27.05.2024 by the informant, Gango Devi.
3. As per the prosecution story, the informant alleged that her daughter aged about 16 years went missing and the petitioner is said to be involved in the kidnapping. This led to the FIR.
4. Notices were issued to the opposite party no. 2 and case diary as well as statement of victim recorded under Section
2/4 183 BNSS was also called for by a Co-ordinate Bench of this Court vide order dated 16.07.2025. From the record, it seems that the notice has been received by the mother of the opposite party no. 2. Despite valid service of notice, none has appeared before this Court. The case diary has also come alongwith the statement of the victim recorded under Section 183 BNSS on 15.07.2024, according to which she claimed that the victim had gone at her own maternal grand-mother's house situated at Sasaram and she took her neighbour, brotherly figure, the petitioner herein for the said purpose.
5. Learned counsel for the petitioner submits that the victim has stated in her statement recorded under Section 183 BNSS that she had gone at her own maternal grand-mother's house situated at Sasaram and nothing wrong has been attributed against her by the petitioner. The petitioner does not have criminal antecedent.
6. Learned APP for the State, on the other hand, opposes the prayer for anticipatory bail submitting that the petitioner is said to be involved in kidnapping of minor victim girl.
7. Considering the submissions of the parties and the statement recorded under Section 183 BNSS and also the fact that the petitioner has no criminal antecedent, in that back-
3/4 ground, this Court is inclined to grant anticipatory bail to the petitioner.
8. Let the petitioner in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount to the satisfaction of the learned ACJM-I, Sasaram in connection with Nokha P.S Case No. 196 of 2024 to the following conditions:- (i) one of the bailor should be the family members/relatives of the petitioner, who shall provide official document to show his bona fide.
(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bond by the trial court itself;
(iii) the petitioner shall appear before the concernedpolice station every month for next six months to mark attendance and at the end of the period, the certificate be submitted to the court.
(iv) the petitioner shall in no way try to induce orpromise or threat the witnesses or tamper with the evidences,
4/4 failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (v) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Vikash/- U T