Mithlesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65697 of 2025 Arising Out of PS. Case No.-72 Year-2025 Thana- KOTHI District- Gaya ====================================================== Mithlesh Kumar, aged about-20 years, S/O Nanhu Paswan Resident of VillageFulwariya, P.O- Salaiya, P.S- Kothi (Suhail), Distt.- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sitaram Prasad, Advocate For the Opposite Party/s :

Mr. Umesh Lal Verma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 26-11-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. Petitioner is in custody in a case registered for the offence punishable under Section 96 of the BNS.

3. As per the allegation in the FIR, it is alleged that the petitioner had kidnapped the granddaughter of the informant.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. He next submits that petitioner has not forced the victim girl although she herself had gone with the petitioner with her own sweet will. He next submits that from perusal of the Statement of the victim recorded under Section 183 of the BNSS, the petitioner has solemnized marriage with the informant's granddaughter (victim girl) in the temple and a photograph of the marriage has been annexed as Annexure-P/2.

Patna High Court CR. MISC. No.65697 of 2025(3) dt.26-11-2025 2/2 He next submits that there is no allegation of sexual assault against the petitioner. He next submits that petitioner is in custody since 18.06.2025 and has got no criminal antecedent as stated in para-3 of the bail petition.

5. Learned APP for the State opposes the prayer for Regular bail of the petitioner.

6. On perusal of the First Information Report, case diary along with statement of the victim recorded under Section 183 BNSS and impugned order dated 21.07.2025, it appears that victim girl has eloped with the petitioner on her own sweet will and she has not stated anything against the petitioner and there is no sexual allegation against the petitioner. So, considering the aforesaid facts and circumstances of the case as well as the submissions made by learned counsel for the petitioner, let the above named petitioner be released on bail, on his furnishing bail bonds of Rs.10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-III, Sherghati, Gaya in connection with Kothi P.S. Case No.72 of 2025.

(Ramesh Chand Malviya, J) Harshita/- U T