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Patna High CourtCR. MISC./46064/2025allowed

Neeraj Kumar v. The State Of Bihar

2025-09-15Mr. Justice Ashok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46064 of 2025 Arising Out of PS. Case No.-210 Year-2024 Thana- RAMPUR HARI District- Muzaffarpur ====================================================== Neeraj Kumar S/o- Laksman Prasad @ Laksman Bhagat Resident of VillageChhegan neura PS-Minapur, Dist- Muzaffarpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Manoj Sah S/o- Late Jitu Sah Village Panchayat Majhauliya Ps- Rampurhari Dist- Muzaffarpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sheo Kumar Prasad, Advocate For the Opposite Party/s :

Mr. Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 15-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 137(2) and 96 of the B.N.S.

3. The case of the prosecution is that the minor daughter of the informant had gone to see Durga Puja but she did not return for a considerable time. She was being searched but was not found.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Learned counsel for the petitioner has submitted that during course of

Patna High Court CR. MISC. No.46064 of 2025(3) dt.15-09-2025 2/3 investigation, the victim was recovered and she has given her statement under Sections 180 and 183 of the B.N.S.S. In her statement recorded under Section 180 of B.N.S.S., she has stated that she was on talking terms with the petitioner and petitioner had also given her a mobile. She was seen by her family members talking the petitioner and her mobile was snatched. She has further stated that when she had gone to see Durga Puja, the petitioner came there and with the help of another boy, he took her to Muzaffarpur and from there, they went to Bangalore. She has also stated that she is having affair outside marriage with the petitioner. In her statement recorded under Section 183 of the B.N.S.S.

, the victim has stated otherwise and has stated that she was forcefully taken away by the petitioner. Learned counsel for the petitioner has submitted that the statement of the victim under Sections 180 and 183 of the B.N.S.S. have got contradictions and from perusal of the statement of the victim under section 180 of B.N.S.S., it is clear that the victim was having affair outside marriage with the petitioner. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 26.11.2024.

5. Learned APP appearing for the State has

Patna High Court CR. MISC. No.46064 of 2025(3) dt.15-09-2025 3/3 vehemently opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Rampurhari P.S. Case No. 210 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-IX, Muzaffarpur East.

(Ashok Kumar Pandey, J) Shubham/- U T