Shivam Kumar @ Jyoti Prakash v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51613 of 2025 Arising Out of PS. Case No.-481 Year-2024 Thana- SITAMARHI District- Sitamarhi ====================================================== Shivam Kumar @ Jyoti Prakash S/O Late Uday Rai R/O Village- Mohanpur, Ward No. 39 Nagar Nigam Sitamarhi, P.S- Sitamarhi, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Ravi Ranjan, Advocate For the State :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-11-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 137 and 87 of the B.N.S..

3. As per prosecution case, it is alleged that this petitioner, with the help of other F.I.R. named accused persons, kidnapped the minor daughter of informant.

4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. Petitioner has falsely been implicated in this case merely on suspicion. Petitioner claims clean antecedents.

5. On the other hand, learned A.P.P. for the State has

Patna High Court CR. MISC. No.51613 of 2025(4) dt.20-11-2025 2/2 vehemently opposed the prayer for grant of anticipatory bail to the petitioner and submitted that petitioner is named in the F.I.R. with specific accusation that he, along with other accused persons, kidnapped the minor daughter of informant. During course of investigation, the victim was recovered and in her statement recorded under Section 183 of the B.N.S.S., she had supported the prosecution case and had categorically stated that this petitioner kidnapped her and made her consume some intoxicant as a result of which she became unconscious and thereafter, she was taken to Mumbai where she was kept in a room. The learned trial court has assessed the age of victim as 15 years.

6. Considering the facts and circumstances of the case, specific and direct nature of accusation, gravity of offence and statement of the victim recorded under Section 183 of the B.N.S.S., the prayer for grant of anticipatory bail to the petitioner is rejected.

(Prabhat Kumar Singh, J) shashank/- U T