Monu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77032 of 2025 Arising Out of PS. Case No.-277 Year-2025 Thana- MAHUA District- Vaishali ====================================================== Monu Kumar S/o Sankir Sahani @ Sankil Sahani R/o village - Rasulpur Daud, P.S - Goraul, Kathara O.P, District - Vaishali ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Naresh Paswan S/o Sajjan Paswan R/o village - Khanpatti (Pachiskurba), P.S - Mahua, District - Vaishali ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravi Bhardwaj For the Opposite Party/s :

Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 24-02-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. Despite valid service of notice, no one appears on behalf of the opposite party no. 2.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 137(2), 87, 3(5) of the B.N.S. and Sections 4/6 of the POCSO Act.

3. Petitioner is said to have kidnapped the minor daughter of the informant.

4. Learned counsel for the petitioner has submitted that there is an inordinate delay of all most 20 days in lodging the FIR. As a matter of fact, there appears to be some relationship between the victim and the petitioner and the action of the victim was completely voluntary in nature as would

Patna High Court CR. MISC. No.77032 of 2025(5) dt.24-02-2026 2/2 appear from the statement of the victim recorded Section 183 of the B.N.S.S. wherein she has admitted that she was in a love relationship with the petitioner. However, they did not get married nor the petitioner established any physical relationship with her. The victim has refused the medical examination. Further, the petitioner is in custody since 12.04.2025 with no criminal antecedent and charge-sheet has been submitted.

5. Learned APP for the State has opposed the application for bail.

6. Taking into consideration the facts and circumstances and also considering the statement of the victim under Section 183 of the B.N.S.S., coupled with the fact that the petitioner has no criminal antecedent, let the above named petitioner, be enlarged on bail 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 court below where the case is pending/successor court in connection with Mahua P.S. Case No. 277 of 2025.

(Soni Shrivastava, J) devendra/- U T