Prince Kumar @ Prince Gupta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73302 of 2025 Arising Out of PS. Case No.-81 Year-2025 Thana- LAUKAHI District- Madhubani ====================================================== Prince Kumar @ Prince Gupta S/o Late Dharm Narayan Sah R/o village - Jhahuri (Jhauri), P.S - Laukahi , District - Madhubani ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Chandrika Devi W/o Manoj Paswan R/o village - Pipron, Ward No. 2, P.S - Laukahi, District - Madhubani ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Gagan Deo Yadav Mr.Vinod Kumar Mr.Ravi Prakash For the Opposite Party/s :
Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-11-2025
1. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 137(2),96,352,351(2),3(5) of the B.N.S.
3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that her daughter, who had gone to attend call of nature did not return, on enquiry, it transpired that accused persons including the petitioner kidnapped her for committing rape.
4. The learned counsel for the petitioner submits that
2/4 petitioner has been falsely implicated in the instant case by the informant. It is next submitted that victim came back and her statement was recorded under Section 183 BNSS wherein she disclosed that Sunil had asked her to marry on which she stopped talking to him, thus on the date of occurrence when she had gone to attend call of nature Sunil along with petitioner and a woman abducted her and brought her to Jhanjharpur and at Jhanjharpur they made her seat in a bus and came to Patna and from Patna she went to Buxar fearing that her father would scold her. The learned counsel submits that though statement of the victim recorded under Section 183 BNSS is not on record but then a specific pleading to that effect has been made at Para10 of the anticipatory bail application on affidavit.
It is next submitted that from tenor of the statement made by the victim under Section 183 BNSS, it would manifest that it appears that she was in love with Sunil and had eloped being major but when she came back under parental pressure alleged that she was abducted. It is next submitted that victim in her statement recorded under Section 183 BNSS has not even remotely suggested that any kind of inappropriate behaviour was resorted to by the accused persons. It is also submitted that petitioner being friend of Sunil came to be implicated.
3/4 that petitioner will not abscond rather will cooperate in the investigation to prove his innocence.
5. Learned A.P.P. opposes the anticipatory bail application.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) 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 Laukahi P. S. Case No.81 of 2025, subject to the conditions laid down under Section 482(2) of the B.N.S.
7. The application stands allowed.
8. However, it is made clear that in the event, if any application is filed by the Investigating Officer before the learned trial Court bringing to its notice that petitioner, despite giving assurance to this Court, is not cooperating in the investigation or is not presenting himself as and when required, the learned trial Court shall be at liberty to cancel the bail bonds of the petitioner after recording reasons.
4/4
9. Let a copy of this order be sent to the concerned Police Station through the learned trial Court. (Satyavrat Verma, J) vikash/- U T