Lavkush Kumar @ Lavkush Yadav @ Satya Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59633 of 2025 Arising Out of PS. Case No.-18 Year-2025 Thana- JITNA District- East Champaran ====================================================== Lavkush Kumar @ Lavkush Yadav @ Satya Yadav Son of Jangbahadur Yadav @Jhagbahadur Yadav Resident of village - Bijbain Kachhariya Tola, P.S.- Jitna, District - East Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Dilip Kumar Son of Bindhyachal Prasad Chaurasiya Resident of village - Bijbain Kachhariya Tola, P.S.- Jitna, District - East Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhishek Kumar, Adv.

For the Opposite Party/s :

Mr.Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-08-2025 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 Jitna P.S. Case No. 18 of 2025 dated 03.02.2025 registered for the offences punishable u/ss 137, 87, 352 read with Section 3(5) of the B.N.S. and later on, Section 4 of the POCSO Act.

3. As per the prosecution case, the petitioner and the coaccused are alleged to have kidnapped the minor sister of the informant for the purpose of marriage.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is a delay of 17 days in lodging the F.I.R. without any explanation. Learned counsel has further submitted that the victim has been recovered and her statement was recorded u/s 183 of the

Patna High Court CR. MISC. No.59633 of 2025(2) dt.27-08-2025 2/2 B.N.S.S., she has taken the name of the petitioner. It is further submitted that the victim has not raised any alarm while she was taken to Delhi. It is further submitted that there is nothing on record which shows that the victim was forced or seduced to have illicit intercourse with another person. 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 and submitted that the victim is a minor girl.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-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, East Champaran, Motihari in connection with Jitna P.S. Case No. 18 of 2025.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T