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Patna High CourtCR. MISC./45342/2025bail granted

Ankush Kumar @ Ankush Kumar Singh v. The State Of Bihar

2025-09-16Mr. Justice Arun Kumar Jha4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45342 of 2025 Arising Out of PS. Case No.-127 Year-2025 Thana- NAVINAGAR District- Aurangabad ====================================================== Ankush Kumar @ Ankush Kumar Singh S/o- Ashok Singh @ Ashok Kumar Singh Village- Dharamkhap Jhikatiya PS- Tandwa District- Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Singh, Advocate For the Opposite Party/s :

Mr. Pramod Kumar Pandey, APP For the Informant :

Mr. Kamlendra Pd. Singh, Advocate Mr. P. K. Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 16-09-2025 Heard learned counsel for the petitioner and learned APP for the State as well as learned counsel for the informant.

02. Learned counsel for the petitioner seeks permission to make necessary in the present petition in course of the day.

03. Permission is accorded.

04. In the present case, the petitioner seeks bail in connection with Nabinagar P.S. Case No. 127 of 2025 registered for the alleged offences under Sections 137(2), 140(3) of Bharatiya Nyaya Sanhita, 2023.

05. As per prosecution case, the minor daughter of the informant was kidnapped on gunpoint by the petitioner and his co-accused brother along with 3-4 unknown miscreants and they

2/4 also looted jewelry and Rs. 10,000/- cash from the house of the informant.

06. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The co-accused brother of the petitioner was having love affair with the victim girl and she left her house on her own and went with the co-accused to Maharashtra and in order to wreak vengeance, the petitioner has been falsely implicated by the informant. Learned counsel further submits that during investigation, the police also found that the victim was in continuous contact with the co-accused brother of the petitioner. The victim was recovered from Japla and the victim stated that after the arrest of the petitioner, the co-accused left her on the train and she reached that place.

Learned counsel further submits that the story seems improbable that the victim was forcibly taken to Maharashtra by the petitioner and his brother and she did not raise alarm anywhere during the whole travel and she stayed in Maharashtra and thereafter, she was again allowed to go to train by the co-accused brother of the petitioner. All these facts show that the petitioner has been made accused by the informant to take revenge as he is brother of the co-accused, Ankit Kumar.

3/4 one case in which he is on bail. The petitioner is in custody since 25.04.2025 and charge-sheet has been submitted.

07. Learned APP for the State as well as learned counsel for the informant vehemently oppose the submission made on behalf of the petitioner. Learned counsel for the informant submits that at gunpoint the petitioner and his brother kidnapped the minor daughter of the informant and took her to Maharashtra and when this petitioner was arrested, the coaccused allowed her to return. The victim girl in her statement under Section 183 of BNSS also stated that she was forcibly taken by the petitioner and his co-accused brother.

08. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the doubtful nature of allegation against the petitioner and also considering the period of custody of the petitioner along with submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Aurangabad in connection with Nabinagar P.S. Case No. 127 of 2025, subject to the conditions mentioned in Section 480(3) of BNSS and the following conditions:

4/4 (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Ashish/- U T