Anish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81267 of 2024 Arising Out of PS. Case No.-44 Year-2024 Thana- Panchanpur District- Gaya ====================================================== Anish Kumar S/O Ranjan Paswan @ Ranjay Paswan Resident of VillageNepa, P.S- Panchanpur (Tekari),Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar Saxena, Advocate For the Opposite Party/s :

Mr. Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 03-03-2025 Heard Mr. Anil Kumar Saxena, learned counsel for the petitioner, Mr. Ajay Kumar No.2, learned APP for the State and learned counsel for the informant.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Section 366A of the Indian Penal Code.

3. The case of the prosecution is that the petitioner has kidnapped the minor daughter of the informant.

4. Learned counsel for the petitioner has submitted that during course of investigation the victim has given her statement under Section 164 Cr.P.C. In her statement under Section 164 Cr.P.C. the victim has stated that she was in affair with the petitioner. She has gone to Rafiganj with the petitioner. She has gone with the boy on her own will. Learned counsel further

Patna High Court CR. MISC. No.81267 of 2024(3) dt.03-03-2025 2/2 submits that in medical examination the Doctor has opined the age of the victim as 18-19 years. The petitioner is having no criminal antecedent and he is in jail since 06.06.2024.

5. Learned APP appearing for the state as well as learned counsel for the informant have opposed the prayer of regular bail. Learned counsel for the informant has submitted that the victim is minor.

6. Having heard learned counsel for the parties and considering the fact that in any view of the matter there is categorical statement of the victim that she has gone with the petitioner on her own will, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Panchanpur P.S. Case No. 44 of 2024 on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-Vth, Gaya.

7. Accordingly, the present bail application stands allowed.

(Ashok Kumar Pandey, J) durgesh/- U T