Nawal Mahton @ Nawal Kumar Rai @ Naval Kumar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56921 of 2025 Arising Out of PS. Case No.-13 Year-2024 Thana- NIMACHANDPURA District- Begusarai ====================================================== Nawal Mahton @ Nawal Kumar Rai @ Naval Kumar Ray S/o Late Bhola Ray @ Late Bhola Mahton Resident of Village- Pannapur, PS- Matihani, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Mona Verma, Advocate :

Mr. Rahul Singh, Advocate For the State :

Mrs. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 27-08-2025 Heard Ms. Mona Verma, learned counsel for the petitioner and learned APP representing the State.

2. The petitioner is apprehending his arrest in connection with Neemachandpura P.S. Case No. 13 of 2024 registered for the offence under Sections 366(A) of the Indian Penal Code, lodged on 21.02.2024 by the informant, Indu Devi.

3. As per the prosecution story, the informant alleged that the maternal granddaughter went out to pursue study but failed to return. Later, it came to knowledge that Atik Kumar has taken her away. The family did not cooperate alleging kidnapping, the F.I.R.

4. Learned counsel for the petitioner submits that they were in relationship, were moving together when the Police took

Patna High Court CR. MISC. No.56921 of 2025(2) dt.27-08-2025 2/3 them back, the petitioner being maternal uncle has no role to play in the matter, is ready to cooperate in the trial and has no criminal antecedent.

5. Learned APP opposes the prayer for bail submitting that the entire family member conspired which led to the girl moving with Atik Kumar was caught by the Police.

6. Considering the submissions of the parties as also that the girl has been recovered and statement has already made, this petitioner has no criminal antecedent and is the maternal uncle, main role has been attributed to Atik Kumar, in that background, this Court is inclined to extend him the privilege of anticipatory bail.

7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Judicial Magistrate, First Class-cumAdditional Munsif-III, Begusarai, in connection with Neemachandpura P.S. Case No. 13 of 2024 subject to the conditions as laid down under Section 438(2) of the Cr.P.C., as also with the following conditions:- (i) one of the bailor should be the family

Patna High Court CR. MISC. No.56921 of 2025(2) dt.27-08-2025 3/3 member/relative of the petitioner who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial Court itself;

(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of bail bonds. (Rajiv Roy, J) vinayak/- U T