Patna High CourtCR. MISC./45962/2025bail granted

Anil Kumar v. The State Of Bihar

2025-09-23Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45962 of 2025 Arising Out of PS. Case No.-22 Year-2025 Thana- Basmatia District- Araria ====================================================== Anil Kumar S/O Ram Sagar Ram R/O Village- Balbhadarpur, Ward No. 01, P.S- Birpur, Distt.- Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kundan Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-09-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with Basmatiya P.S. Case No. 22 of 2025 instituted for the offences under Sections 137(2)/87/96/3(5) of the B.N.S., 2023.

3. As per prosecution case, the accusation against the petitioner is of kidnapping the informant's minor daughter for the purpose of marriage.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. He further submits that the victim girl in her statement recorded under Section 183 of the B.N.S.S., 2023 has stated that due to

Patna High Court CR. MISC. No.45962 of 2025(4) dt.23-09-2025 2/3 bad behavior of her mother, she left her house and went to the house of maternal grandmother. She has also not made any allegation of any overt act against the petitioner. In the whole F.I.R., there is no allegation against the petitioner. The victim girl has denied for her medical examination. The petitioner has no criminal antecedent and is languishing in judicial custody since 19.04.2025 without any rhymes or reason. Charge-sheet has been submitted in this case.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that the offence alleged is serious in nature. The victim girl is minor. The Investigating Officer, after completion of investigation, has submitted charge-sheet against the petitioner for offence under Sections 137(2)/87/96 of the B.N.S., 2023.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case, the period of custody of the petitioner, the petitioner having no criminal antecedent as also taking into account the statement of the victim girl recorded under Section 183 of the B.N.S.S., 2023, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.45962 of 2025(4) dt.23-09-2025 3/3 Court below/concerned Court in connection with Basmatiya P.S. Case No. 22 of 2025.

(Rudra Prakash Mishra, J) rishi/- U T