Nilu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53270 of 2025 Arising Out of PS. Case No.-82 Year-2025 Thana- PARBATTA District- Khagaria ====================================================== Nilu Kumar Son of Late Harkhit Rai Resident of Village and Po -Dumariya Khurd PS -Parbatta, Dist- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Suman Kumar Mishra, Advocate For the Opposite Party/s :

Mr.Murli Dhar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 28-11-2025

1. Heard learned counsel for the petitioner and learned APP for the State.

2. A prayer for bail has been made on behalf of petitioner in connection with Parbhata P.S. Case no.82 of 2025 registered under Section 140(3) of the B.N.S, 2023.

3. The allegations in the F.I.R is that informant's mother was kidnapped by the three named accused persons, namely, Nilu Kumar (petitioner), Ganga Prasad and Sunil Singh.

4. Learned counsel for the petitioner submits at the outset that the F.I.R. was lodged by the informant after an inordinate delay, inasmuch as the alleged occurrence took place on 21.02.2025, whereas the F.I.R. was instituted on 06.03.2025, after due thought and deliberation. It is further submitted that the mother of the informant was on friendly terms with coaccused Ganga Prasad Singh @ Joker and had voluntarily gone with him with the assistance of this petitioner and this fact stands substantiated from the statements of independent witnesses recorded in paragraphs 8 and 9 of the case diary, and

Patna High Court CR. MISC. No.53270 of 2025(4) dt.28-11-2025 2/2 the same has also been reported by the spy in paragraph 56 of the case diary. The petitioner is in custody since 13.04.2025 and has no criminal antecedent. He undertakes to cooperate in the case/trial.

5. The application for bail is opposed by learned A.P.P. for the State.

6. Taking into consideration the aforesaid facts and circumstances of the case and also the fact that the mother of the informant was in a friendly relationship with co-accused Ganga Prasad Singh and the investigation indicates that the petitioner had only aided Ganga Prasad Singh in eloping with her, coupled with the fact that the petitioner is in custody since 13.04.2025 and has no criminal antecedent, the petitioner is directed to be enlarged on bail in connection with Parbhata P.S. Case no.82 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court concerned where the case is pending/Successor Court.

(Soni Shrivastava, J) Harsh/- U T