Akhshay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66568 of 2025 Arising Out of PS. Case No.-315 Year-2025 Thana- RAMPUR District- Gaya ====================================================== Akhshay Kumar S/O Ravindra Vishwkarma @ Ravindra Mistri R/O VillageChainpur, P.S- Sherghati, Distt.- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Advocate Mrs. Vaishnavi Singh, Advocate Mr. Ritwik Thakur, Advocate For the Informant :

Mr. Ajay Kumar Tiwary, Advocate Mr. Anil Kumar Sinha, Advocate Mr. Sudhir Kumar, Advocate For the Opposite Party/s :

Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 01-12-2025 Heard learned counsel for the petitioner, learned counsel for the Informant and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 137(2) and 87 of the Bharatiya Nyaya Sanhita.

3. The case of the prosecution in short is that the cousin sister of the informant teach in Aarjiyan Public School, Sikariya Mod, Gaya. When she did not return after the school timings, the informant called on her mobile which was switched off. She was being searched and then informant came to know that the petitioner has taken away his cousin sister. During course of investigation the victim has given her statement under Sections 180 and 183 of the BNSS and in her statement she has stated that she was taken forcefully by the petitioner and on the threatening that he will kill her

Patna High Court CR. MISC. No.66568 of 2025(3) dt.01-12-2025 2/2 brother, marriage was solemnized with her.

4. Learned counsel for the petitioner has submitted that from perusal of the statement of the victim it is clear that in last part it has been stated that both victim and petitioner returned to Sherghati. This shows that they willingly came before the Police and in any view of the matter only allegation against the petitioner is that he solemnized the marriage with the victim by threatening. Marriage was solemnized before notary which is not a valid marriage in eye of law. Learned counsel for the petitioner has submitted that the petitioner is a man of clean antecedent and is in judicial custody since 27.06.2025.

5. Learned APP appearing for the State and learned counsel for the Informant have vehemently opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Rampur P.S. Case No. 315 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gayaji. (Ashok Kumar Pandey, J) durgesh/- U T