Suraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43322 of 2025 Arising Out of PS. Case No.-247 Year-2024 Thana- JALE District- Darbhanga ====================================================== Suraj Kumar S/O Mahadev Mahto R/O Vill- Pachchhassi, P.S.- Pupri, Dist.- Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kumar Praveen, Advocate For the Opposite Party/s :
Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 10-09-2025 Heard Mr. Kumar Praveen, learned counsel for the Petitioner and Mr. Jharkhandi Upadhyay, learned APP for the State.
2. Petitioner seeks regular bail in connection with Jalley P.S. Case No. 247 of 2024 dated 27.12.2024 registered for the offences punishable under Sections 96 and 3(5) of the Bharatiya Nyaya Sanhita.
3. The main submissions advanced by the petitioner's counsel are that, as per the FIR, the alleged occurrence of the kidnapping of the informant's minor daughter took place on 19.12.2024, which came to the knowledge of the informant immediately after the occurrence, but the FIR was registered by her only on 27.12.2024 by filing a written application without explaining the delay. In fact, the houses of the so-called victim
Patna High Court CR. MISC. No.43322 of 2025(3) dt.10-09-2025 2/3 and the petitioner are situated nearby and they had love affair at that time. Owing to that reason, the informant's daughter left her parents' house on her own will and went to Nepal with the petitioner. After getting information about the registration of the FIR, both the petitioner and the informant's daughter returned and went straight to the police station. Thereafter, the informant's daughter's statement was recorded, in which she did not reveal any wrongdoing by the petitioner except she went with him to some districts of Bihar as well as to Nepal. It is further submitted that the victim's age has been wrongly shown as 13 years in the FIR, but in reality, her age is about 17 years, and she refused to undergo medical examination, hence, her age could not be ascertained. It is lastly submitted that the petitioner is a 20-year-old young man and has been languishing in jail since 27.12.2024 and till date his trial has not started.
4. Learned APP appearing for the State has opposed the prayer for bail of the petitioner.
5. Considering the aforesaid submissions and mainly petitioner's young age, his custody period and also aforesaid pleas of the petitioner, this Court is inclined to release the petitioner on bail. Accordingly, let the petitioner named-above be released on bail on furnishing bail bond of Rs. 20,000/-
Patna High Court CR. MISC. No.43322 of 2025(3) dt.10-09-2025 3/3 (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Jalley P.S. Case No. 247 of 2024 .
(Shailendra Singh, J) maynaz/- U T