Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58238 of 2025 Arising Out of PS. Case No.-196 Year-2025 Thana- PATAHI District- East Champaran ====================================================== Ajay kumar Son of Bigan ram Resident of Village - Nonfarwa, P.S. - Patahi, Dist. - East Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Umesh Paswan Son of Mahendra Paswan Resident of Village - Nonfarwa, P.S. - Patahi, Dist. - East Champaran.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 05-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 137(2), 87, 3(5) of the B.N.S., 2023.

3. The allegation in the first information report is that the informant's daughter was kidnapped by the F.I.R. named accused persons including the present petitioner for the purposes of marriage.

4. Learned counsel for the petitioner submits that that the first information report discloses that there is general and omnibus allegations against all the accused persons including the petitioner with regard to kidnapping of the

Patna High Court CR. MISC. No.58238 of 2025(4) dt.05-12-2025 2/3 victim, however there is delay of one day in lodging the present first information report. It has also been pointed out that the age of the victim has been stated to be 18 years in the first information report, thus the victim is not a minor as the medical report also suggests that her age is between 16 to 18 years. The statement of the victim recorded under Section 183 of the B.N.S.S. upon her recovery wherein no allegation of any sexual assault has been made against any accused persons rather it is suggestive of the fact that there was a love relationship between the victim girl and co-accused Mithlesh Kumar with whom she had moved to several places without raising any resistance. The petitioner is in custody since 23.06.2025.

5. Learned APP for the State opposed the grant of bail on the basis of allegations made in the first information report.

6. Taking into consideration the facts and circumstances and considering that the victim appears to be a major and also appears to be in a relationship with co-accused Mithlesh Kumar upon whom allegations are more specific, let the above named petitioner, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two

Patna High Court CR. MISC. No.58238 of 2025(4) dt.05-12-2025 3/3 sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-FC, Motihari, East Champarn /concerned Court below in connection with Patahi P.S. Case No. 196 of 2025.

(Soni Shrivastava, J) anand/- U T