Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42680 of 2025 Arising Out of PS. Case No.-51 Year-2025 Thana- KUMAR KHAND District- Madhepura ====================================================== Abhishek Kumar S/o Domi Yadav R/o Village- Jorgama, Ward No. 04, P.S.- Murliganj, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uday Chand Prasad, Adv.

Mr. Manoj Kumar, Adv.

Ms. Pooja Prasad, Adv.

For the Opposite Party/s :

Mr. Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Kumarkhand P.S. Case No. 51 of 2025 dated 20.02.2025 registered for the offences punishable under Sections 87, 352, 351(2) read with Section 3(5) of the B.N.S.

3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have kidnapped the minor daughter of the informant for the purpose of marriage.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the possession of the petitioner. There was love affair between the petitioner and the victim. The victim in her statement recorded under Section 164

Patna High Court CR. MISC. No.42680 of 2025(3) dt.25-08-2025 2/2 of the Cr.P.C. has stated that she went to Delhi with her own will and solemnized marriage with the petitioner. Learned counsel has further submitted that there is nothing on record which shows that the victim was forced/seduced to have illicit relationship with another person. The occurrence took place on 13.02.2025 but the FIR was lodged on 20.02.2025 i.e., the delay of seven days and there is no explanation for this delay. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 02.04.2025.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Madhepura in connection with Kumarkhand P.S. Case No. 51 of 2025.

7. The application stands allowed.

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