Jaikal @ Jaikar Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45787 of 2025 Arising Out of PS. Case No.-536 Year-2023 Thana- BARH District- Patna ====================================================== Jaikal @ Jaikar Kumar S/o Sopendra Tanti @ Supendra Tanti R/o VillageKajichak, P.S.- Barh, District- Patna ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Satya Prakash, Advocate For the Opposite Party/s :
Mrs. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 30-07-2025 Heard Mr. Satya Prakash, learned counsel for the petitioner and learned APP representing the State.
2. The petitioner is in custody in connection with Barh P.S. Case No. 536 of 2023 for the offence punishable under Sections 366(A) of the Indian Penal Code lodged on 19.08.2023 by the informant, Jhunni Devi.
3. As per the prosecution story, the informant has alleged that when her husband and son were away, the petitioner abducted her daughter. Earlier also, she was taken away by the petitioner which led to lodging of Barh P.S. Case No. 492 of 2023 and this time, it has been repeated. This led to the present case.
4. Learned counsel for the petitioner submits that both the petitioner and the girl were in relationship, subsequently
Patna High Court CR. MISC. No.45787 of 2025(2) dt.30-07-2025 2/3 they tied nuptial knot and a child has also arrived in this world out of the said marriage, the girl after appearance before the Court wanted to go with her in-laws as such is residing in his own home he has already suffered by being in custody since 11.03.2025.
5. Learned APP though opposes the prayer for bail concede that not only a child has come in this world but the girl also refused to undergo medical examination.
6. Taking into account the aforesaid facts, as also the development that has taken place, the petitioner is only 23 years of age, the record shows that the girl is staying with him, in that background, this Court is inclined to extend him the privilege of bail with conditions.
7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Barh, Patna, in connection with Barh P.S. Case No. 536 of 2023 subject to the following conditions: (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall in no way try to induce or
Patna High Court CR. MISC. No.45787 of 2025(2) dt.30-07-2025 3/3 promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iii) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Ankit Kumar/- U T