Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52435 of 2025 Arising Out of PS. Case No.-9 Year-2025 Thana- Amhara District- Lakhisarai ====================================================== Kundan Kumar S/o Omprakash Paswan R/o Village- Jhakhar, P.S.- Amhara, District- Lakhisarai ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rabi Bhushan, Advocate For the Opposite Party/s :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 11-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Amhara P.S. Case No. 09 of 2025 dated 28.01.2025, instituted for the offence punishable under Sections 137(2), 140(3) of the B.N.S., 2023.

3. The prosecution case, in short, is that one Deepak Kumar took the daughter of the informant on auto rickshaw and send her to his brother namely, Kundan Paswan (petitioner) at Kolkata. It is further alleged that earlier also, the accused persons enticed the daughter of informant on 18.01.2025 but due to social pressure, they returned her.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this

Patna High Court CR. MISC. No.52435 of 2025(2) dt.11-08-2025 2/3 case. It is further submitted that there was love affair between the petitioner and daughter of informant and she herself eloped with the petitioner on her own sweet will. It is further stated that statement of the victim has been recorded under Section 183 of the B.N.S.S. in which she has clearly stated that she loves the petitioner and on 25.12.2024, she eloped from her house and reached Kolkata where she performed marriage with the petitioner at Kali Mandir. It is next submitted that daughter of informant is carrying pregnancy of four months and she is living with the parents of petitioner at his matrimonial house. Learned counsel further submitted that daughter of informant (victim) is deponent in the instant bail application. Lastly, it has been submitted that the petitioner is in custody since 16.04.2025, he has no criminal antecedents and charge-sheet has been submitted in the case.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.,-III, Lakhisarai

Patna High Court CR. MISC. No.52435 of 2025(2) dt.11-08-2025 3/3 in Amhara P.S. Case No. 09 of 2025.

(Khatim Reza, J) Sankalp/- U T