Awdhesh Das @ Awdhesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44846 of 2025 Arising Out of PS. Case No.-131 Year-2025 Thana- MAJHAULIA District- West Champaran ====================================================== Awdhesh Das @ Awdhesh Kumar S/O Sri Kawal Das Resident of VillageMatiyarwa, P.S- Paharpur, District- East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Krishna Ram S/O Sri Deoraj Ram R/O Village- Gurchurwa, Ward No. 08, P.S- Majhaulia, Distt.- West Champaran.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sharad Kumar Verma, Adv.

For the Opposite Party/s :

Mr.Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 29-07-2025 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 Majhaulia P.S. Case No. 131 of 2025 dated 01.03.2025 registered for the offences punishable u/ss 137(2), 96 read with Section 3(5) of the B.N.S. and Sections 4 and 6 of the Protection of Children from Sexual Offences Act.

3. As per the prosecution case, the petitioner is alleged to have kidnapped the minor daughter of the informant for the purpose of marriage. It is further alleged that when the informant went to the house of the petitioner to inform

Patna High Court CR. MISC. No.44846 of 2025(2) dt.29-07-2025 2/3 regarding the said incident then the accused persons named in the F.I.R. started abusing and assaulting and thereafter, the informant fled away from there and saved his life.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There was love affair between the victim and the petitioner. The victim in her statement recorded u/s 180 of the B.N.S.S. has stated that she called the petitioner and fled away with him with her own sweet will without informing anyone in her house and started residing in a rented room and on the next day, she solemnized marriage with the petitioner in a temple and also established physical relationship with him with her own sweet will. The charge-sheet has been submitted against the petitioner. The petitioner has no concern with the alleged offence. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 08.03.2025.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and submitted 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 above-

Patna High Court CR. MISC. No.44846 of 2025(2) dt.29-07-2025 3/3 named, 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, Bettiah, West Champaran in connection with Majhaulia P.S. Case No. 131 of 2025.

7. The application stands allowed.

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