Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71085 of 2025 Arising Out of PS. Case No.-52 Year-2025 Thana- BALIGAON District- Vaishali ====================================================== Pankaj Kumar Son of Ramdyal Mahto @ Ramdiyal Mahto R/o Village - Bahaotinpur @ Bahauddinpur, P.S. - Baligaon, District - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vasant Vikas, Advocate For the Opposite Party/s :

Mr. Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 17-11-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 96, 137(2), 140(3), 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. The allegation in the first information report is that the informant's daughter, aged about 17 years, went missing and later informant got knowledge that petitioner and his family has kidnapped his daughter.

4. Learned counsel for the petitioner submits at the outset that the first information report has been lodged after an inordinate delay of more than a month with due thought and deliberation. As a matter of fact, there was a love affair between the petitioner and the victim, who is a major and has

Patna High Court CR. MISC. No.71085 of 2025(3) dt.17-11-2025 2/3 been wrongly mentioned as minor in the first information report. From the statement of the victim girl recorded under Section 183 of B.N.S.S. after her recovery, which forms part of the case diary, it would be clear that the victim girl had left her house at her own will, as she was in relationship with the petitioner for the past six years, with all intentions of getting married to him as her parents had fixed her marriage with someone else.

5. Learned APP for the State opposed the grant of bail on the ground of allegations made in the first information report.

6. Taking into account the facts and circumstances and also considering the fact that the victim has disclosed her age as 18 years in her statement under Section 183 of B.N.S.S. and also admitted her long relationship with the petitioner and has made no allegation, whatsoever, against the petitioner coupled with the fact that there is delay of more than one month in lodging the F.I.R. and the petitioner has been languishing in custody since 25.03.2025 with no criminal antecedent, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.71085 of 2025(3) dt.17-11-2025 3/3 each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Baligaon P.S. Case No.52 of 2025.

(Soni Shrivastava, J) anand/- U T