Shiv Kumar Chaudhary @ Shiv Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63891 of 2025 Arising Out of PS. Case No.-663 Year-2024 Thana- NAANPUR District- Sitamarhi ====================================================== 1.

Shiv Kumar Chaudhary @ Shiv kumar Mahto Late Jogi Mahto @ Yogendra Mahto Resident of Village - Budhnagra, Ward no 02, P.S. - Nanpur (Bokhra), District - Sitamarhi.

2.

Akhilesh Kumar Son of Shiv Kumar Chaudhary Resident of Village - Budhnagra, Ward no 02, P.S. - Nanpur (Bokhra), District - Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dwij Raj, Advocate For the Opposite Party/s :

Mr. Ram Sevak Choudhary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-09-2025

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 137(2), 176, 76, 96, 303(2), 351(2) and 3(5) of the BNS.

3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and the informant alleges that Mithlesh along with unknown accused came and kidnapped her minor daughter at gun point on 14.12.2024. Accordingly, she went to the house of Mithlesh to complain, when his father Shiv Kumar assured that victim will be returned on the next day. Further, on the next day, accused persons including the petitioners came and assaulted the informant and

Patna High Court CR. MISC. No.63891 of 2025(2) dt.23-09-2025 2/3 looted ornaments and cash of Rs.6,000/-.

4. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case being parents of Mithlesh. It is further submitted that the date of occurrence is 14.12.2024 and the FIR has been instituted on 22.12.2024 i.e. after a delay of eight days of the occurrence. It is next submitted that the victim has come back and her statement was recorded under Section 183 BNSS wherein she has disclosed her age as 18 years and has not supported the case of the prosecution. It is also submitted that even the Court assessed the victim as 18 years of age.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

6. Considering the submissions made by the learned counsel for the petitioners, let the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/Successor Court in connection with Nanpur (Bokhra) P.S. Case No. 663 of 2024, subject to the conditions as

Patna High Court CR. MISC. No.63891 of 2025(2) dt.23-09-2025 3/3 laid down under Section 482(2) of the BNSS.

(Satyavrat Verma, J) Kundan/- U T