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Patna High CourtCR. MISC./66217/2025bail granted

Jay Nandan Kumar v. The State Of Bihar

2025-09-19Justice Smt. Soni Shrivastava3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66217 of 2025 Arising Out of PS. Case No.-223 Year-2025 Thana- SABAUR District- Bhagalpur ====================================================== Jay Nandan Kumar S/o Girdhari Rajak R/o Village- Chhara Patti, P.S.- Sahu Parbatta Nawgachiya, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Praveen Kumar, Adv Mr. Ravi Prakash Dwivedi, Adv For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 19-09-2025

1. Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner apprehends his arrest in connection with Sabour P.S. Case no. 223 of 2025, registered under Sections 96, 3(5) BNS.

3. The allegation in the first information is that the daughter of the informant, aged about 17 years and 4 months left home on 19.06.2025 but did not return. The present FIR was lodged after the informant came to know during the search that the petitioner, Jay Nandan Kumar along with his friend Amar Kumar, had abducted her daughter with the intention of marriage.

4. At the outset, it is submitted that the occurrence is

Patna High Court CR. MISC. No.66217 of 2025(2) dt.19-09-2025 2/3 said to have taken place on 19.06.2025, after which the daughter of the informant did not come back, and yet the present FIR was lodged on 21.06.2025, after a delay of two days after due thought and deliberation. As a matter of fact, the victim and petitioner were having a love relationship, and this fact has been substantiated by the statement of the victim girl, which was recorded under Section 183 of B.N.S.S. after her recovery, wherein she has accepted that she was having a love affair with the petitioner for the last two years, and since her marriage to the petitioner was being denied by the parents, she had left her house on her own volition to Banglore and had also got married to the petitioner. The petitioner undertakes to cooperate in the case/trial.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State.

6. Taking into consideration the aforesaid facts and circumstances of the case and also considering that the petitioner and the victim, who even according to the prosecution case is on the verge of majority, were in a love relationship as admitted in the victim's statement under Section 183 of the B.N.S.S., let the above named petitioner who has no criminal antecedent, in the event of his arrest or surrender

Patna High Court CR. MISC. No.66217 of 2025(2) dt.19-09-2025 3/3 before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Sabour P.S. Case no. 223 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Bhagalpur, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023. (Soni Shrivastava, J) krishnakant/- U T