Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49644 of 2025 Arising Out of PS. Case No.-395 Year-2025 Thana- NAWADA District- Nawada ====================================================== Amit Kumar S/O Suresh Prasad R/O Village- Khemchand Bigha, PSNawada, district- Nawada ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Sanjit Kumar S/O Late Shivbalak Prasad Yadav R/O Village- Khemchand Bigha, Post-Nanaura,PS- Nawada, district- Nawada ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Kumar Verma For the Opposite Party/s :

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-08-2025 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 Nawada P.S. Case No. 395/2025 dated 23.04.2025 registered for the offence punishable u/s 140(3) and 64 of the B.N.S. and Section 4 of the POCSO Act.

3. As per the prosecution case, unknown miscreants are alleged to have kidnapped the minor daughter of the informant.

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

Patna High Court CR. MISC. No.49644 of 2025(2) dt.19-08-2025 2/3 this case. There was love affair between the parties. The petitioner is not named in the FIR. The name of the petitioner has sprung up in the course of investigation. The victim in her statement recorded u/s 183 of the B.N.S.S. has stated that she came out from her house and called the petitioner and went to Mumbai and they have solemnized marriage in the temple. The victim has not raised any alarm while she was being taken to Mumbai. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 10.05.2025.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the victim is a minor girl.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Nawada in connection with Nawada P.S. Case No. 395/2025, with the condition ;- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date,

Patna High Court CR. MISC. No.49644 of 2025(2) dt.19-08-2025 3/3 failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

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