Shyam Kumar @ Sheyam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60388 of 2025 Arising Out of PS. Case No.-107 Year-2025 Thana- SILAO District- Nalanda ====================================================== Shyam Kumar @ Sheyam Kumar S/o- Shukar Manjhi @ Vijay Manjhi Village- Karahdih @ Karah Deeh Ps- Silao Dist- Nalanda ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Rita Devi W/o- Santosh Ram Village- Karahdih Ps- Silao Dist- Nalanda ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashwani Kumar For the Opposite Party/s :

Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 17-09-2025 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 POCSO Case No. 62 of 2025 arising out of Silao P.S. Case No. 107 of 2025 corresponding to GR. No. 1997 of 2025 dated 15.04.2025 registered for the offences punishable u/s 96 read with section 3(5) of the BNS and sections 8 and 12 of the POCSO Act, however, charge-sheet has been submitted u/ss 96 and 65(1) of the BNS and sections 4 and 6 of the POCSO Act.

3. As per the prosecution case, the petitioner in connivance with the other co-accused persons is alleged to have

Patna High Court CR. MISC. No.60388 of 2025(3) dt.17-09-2025 2/3 kidnapped the minor daughter of the informant by enticing her on the pretext of marriage.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The victim in her statement recorded u/s 180 of the BNSS has stated that she went with the petitioner to Rajgir of her own sweet will and from there she went to Ranchi and solemnized marriage with him. There is love affair between the petitioner and the victim girl. The victim has not raised any alarm while she was being taken to Ranchi. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 220.04.2025.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

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, Biharsharif, Nalanda in connection with POCSO Case No. 62 of 2025 arising out of Silao P.S. Case No. 107 of 2025 corresponding to GR. No. 1997 of 2025, with the

Patna High Court CR. MISC. No.60388 of 2025(3) dt.17-09-2025 3/3 condition/s:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, 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) guddukr/- U T