Shivam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81153 of 2024 Arising Out of PS. Case No.-497 Year-2024 Thana- KANKARBAG District- Patna ====================================================== Shivam Kumar Son of Purendra Thakur Resident of Village - Saidabad, P.S. - Rani Talab ( Kanpa), District- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Lilawati Devi W/O Surendra Yadav R/O Village and Post - Saidabad P.S. - Rani Talab (Kanpa) Dist. - Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anand Kumar Ojha For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava For the Informant :

Mr. Uday Chand Prasad Mrs. Pooja Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-06-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. Fresh undelivered registered cover of notice has been received with the report that the addressee refused to accept the notice.

3. The petitioner has preferred this application for grant of regular bail in connection with Kankarbagh P.S. Case No. 497 of 2024 dated 16.07.2024 registered for the offence/s punishable u/s 87 of the BNS.

4. As per the prosecution case, unknown miscreants are alleged to have kidnapped the minor

Patna High Court CR. MISC. No.81153 of 2024(5) dt.23-06-2025 2/3 daughter of the informant for the purpose of wrong doing.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR. The name of the petitioner has sprung up on mere suspicion. The victim in her statement recorded u/s 183 of the BNSS has not stated anything against the petitioner. There is nothing on record which shows that the victim was forced or seduced to have illicit intercourse with another person. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 03.08.2024.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Patna in Kankarbagh P.S. Case No. 497 of 2024.

Patna High Court CR. MISC. No.81153 of 2024(5) dt.23-06-2025 3/3

8. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T