Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44909 of 2025 Arising Out of PS. Case No.-1565 Year-2024 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Abhishek Kumar S/o Bhola Baitha @ Bhola Rajak R/o Village- Khanpur @ Baidhnathpur, P.S.- Ahiyapur, District- Muzaffarpur ... ... Petitioner

Versus

1.

The State of Bihar.

2.

Praveen Khatoon W/o Md. Taj Babu, R/o Village- Patiyasa, Ward No.9, P.S.- Ahiyapur, District- Muzaffarpur.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajeev Ranjan, Advocate For the Opposite Party/s :

Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 30-07-2025 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 Ahiyapur P.S. Case No. 1565 of 2024, dated 19.11.2024 registered for the offences punishable under Sections 137(2) and 96 read with Section 3(5) of the BNS and under Section 4 of POCSO Act.

3. As per the prosecution case, the minor daughter of informant went to her maternal house at Khanpur @ Baidhnathpur and from the next day she went missing. Thereafter, search was carried out and during the course of search it was found out that the petitioner has enticed away the

Patna High Court CR. MISC. No.44909 of 2025(2) dt.30-07-2025 2/3 daughter of informant for the purpose of marriage. When the informant went to the house of the petitioner, the family members of the petitioner abused her and denied any knowledge about her daughter.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case with malafide intention. The victim girl was recovered from a market and not from the possession of the petitioner and her statement was recorded under Section 180 of the BNSS in which she has stated that she got married with the petitioner and stayed with him in Mumbai and came back to her house on her own accord. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail petition. The petitioner is in custody since 04.05.2025.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as petitioner's period of custody, the petitioner, above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty Thousand Only) with two sureties of the like amount each to the satisfaction of learned District and Additional Sessions Judge-

Patna High Court CR. MISC. No.44909 of 2025(2) dt.30-07-2025 3/3 VI-cum-Special Judge, POCSO-I, Muzaffarpur, in connection with Ahiyapur P.S. Case No. 1565 of 2024.

7. The application stands allowed.

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