Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62053 of 2025 Arising Out of PS. Case No.-211 Year-2025 Thana- KHIJARSARAI District- Gaya ====================================================== Pankaj Kumar Son of Raj Kumar Thakur R/o Village - Kutlupur, Police Station - Khizarsarai, District - Gaya.

... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr. Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 10-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

02. In the present case, the petitioner seeks bail in connection with Khizarsarai P.S. Case No. 211 of 2025 registered for the alleged offences under Section 96 of Bharatiya Nyaya Sanhita, 2023.

03. As per prosecution case, the minor daughter of the informant went missing and on search, the informant came to know about the petitioner who induced his daughter and kidnapped her.

04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The petitioner has no role in kidnapping of the daughter of the informant. The daughter of the informant was aged about 17 years 09 months at the time of occurrence and she left her house

Patna High Court CR. MISC. No.62053 of 2025(2) dt.10-09-2025 2/3 on her own. The victim girl was recovered 26.06.2025 and her statements were recorded under Sections 180 and 183 of BNSS. She stated in her statement that she went with the petitioner on her own and they also went to Ludhiana and stayed there for sometime. She has not stated anything against the petitioner. No case is made out of kidnapping in the facts of the case. Further, the victim girl was on verge of attaining majority and if she left her house on her own, the petitioner could not be accused of kidnapping her. The petitioner is in custody since 27.06.2025 and has not no criminal history. The petitioner is aged about 20 years. and charge-sheet has been submitted.

05. Learned APP for the State opposes the submission made on behalf of the petitioner.

06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the statement of the victim girl absolving the petitioner from any wrong doing and further considering her willful and consensual nature of act and age at which a girl develops sufficient maturity and also considering the fact that the petitioner is a boy aged about 20 years and further considering his clean antecedent and further considering the period of custody of the petitioner, he is directed to be released on bail on furnishing bail bonds of Rs.

Patna High Court CR. MISC. No.62053 of 2025(2) dt.10-09-2025 3/3 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Gaya/court concerned in connection with Khizarsarai P.S. Case No. 211 of 2025, subject to the conditions mentioned in Section 480(3) of BNSS and the following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Ashish/- U T