Samirul Haque @ Nikku v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56989 of 2025 Arising Out of PS. Case No.-237 Year-2025 Thana- BIHTA District- Patna ====================================================== Samirul Haque @ Nikku son of Late Jainul Haque village- Muslim Raghopur, P.S.- Amhara, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Rajpati, Adv.

For the Opposite Party/s :

Mr.Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-08-2025 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 Bihta P.S. Case No. 237 of 2025 dated 09.04.2025 registered for the offences punishable u/ss 137(2) and 140 of the B.N.S. and charge-sheet has been submitted on 09.06.2025 u/s 140(3), 87 and 64 of the B.N.S.

3. As per the prosecution case, the informant lodged the missing report on 06.04.2025 and stated therein that his minor daughter was missing since 04.04.2025. Thereafter, as per the written report of the informant, the present case has been lodged.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.56989 of 2025(2) dt.20-08-2025 2/3 that the petitioner is innocent and has falsely been implicated in this case. The petitioner has been made accused in this case merely on suspicion. There is no direct or indirect evidence against the petitioner except the suspicion. Learned counsel has further submitted that the victim has been recovered. It is further submitted that the victim is a major and he also submitted that the informant stated the age of the victim is 17 years in the F.I.R. and the victim herself stated and recorded her statement u/s 183 of the B.N.S.S., she herself stated her age is 19 years old. Learned counsel has further submitted that the victim in her statement recorded u/s 180 and 183 of the B.N.S.S.

, has stated that she came from Delhi and went to the police station with her mother but no any chit of paper or any proof has been produced by the victim or the informant regarding of travelling. There is no specific allegation against the petitioner and the petitioner has no concern with the alleged offence. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 12.04.2025.

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 above-

Patna High Court CR. MISC. No.56989 of 2025(2) dt.20-08-2025 3/3 named, 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, Danapur, Patna in connection with Bihta P.S. Case No. 237 of 2025 with the condition :- (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) Gautam/- U T