Piyush Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44126 of 2025 Arising Out of PS. Case No.-198 Year-2024 Thana- NIMCHAKBATHANI District- Gaya ====================================================== Piyush Kumar S/o Vinod Mandal R/o vill - Kapsunna, P.S - Shahkund, Distt.- Bhagalpur ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Jitendra Singh S/o Lalan Singh R/o vill - Radhui, P.S. - Neemchak Bathani, Distt.- Gaya ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Niranjan Parihar For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 28-07-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Neemchak Bathani P.S. Case No. 198/2024 dated 23.09.2024 registered for the offence punishable u/s 96 of the B.N.S.

3. As per the prosecution case, on 21.09.2024 at about 01:00 P.M she went to Bathani market for some work but she did not return, same day at about 08:00 a phone call came from 9771124416 and told that your daughter is going to do commit suicide. Thereafter, the phone was switched off on trying to call on that number.

Patna High Court CR. MISC. No.44126 of 2025(2) dt.28-07-2025 2/3

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. The name of the petitioner has transpired in this case in para. 39 of the case diary as the holder of the mobile no. 8271832686. There was love affair between the parties. There is nothing on record which shows that the victim was forced or seduced to have illicit intercourse with another person. The victim in her statement recorded u/s 183 of the B.N.S.S. has stated that she willingly went to Patna and she has solemnized marriage with the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 21.10.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the victim is a minor girl.

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, Gaya in connection with Neemchak Bathani P.S.

Patna High Court CR. MISC. No.44126 of 2025(2) dt.28-07-2025 3/3 Case No. 198/2024.

7. The application stands allowed.

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