Bikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82965 of 2024 Arising Out of PS. Case No.-108 Year-2024 Thana- SHANKARPUR District- Madhepura ====================================================== Bikash Kumar S/o- Anil Rishidev Ranipatti ward no 9 Ps- Bleary DistrictMadhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. B.N. Pandey, APP For the Informant :

Mr. Nafisuzzoha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 05-02-2025 Heard Mr. Rupesh Kumar, learned counsel for the petitioner, Mr. B.N. Pandey, learned APP for the State and Mr. Nafisuzzoha, learned counsel for the informant.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 137(2), 140(3), 87, 3(5) of Bhartiya Nyaya Sanhita, 2023.

3. The case of the prosecution is that the daughter of the informant was being forcefully taken away by the petitioner and others in a four wheeler and when she went to complain to the family members, she was being threatened. During the course of investigation, the victim was recovered and she has made her statement under section 183 of the BNS Act. She has stated in her statement that when she was talking on mobile, 4-5 boys came and forcefully boarded her in a car and took her to Bhagalpur. They kept her in a room. She knows the boy that they are villagers. It has been stated by the victim that Vikash wanted to marry her forcefully.

Patna High Court CR. MISC. No.82965 of 2024(3) dt.05-02-2025 2/2

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in connection with the present case. During the course of argument, learned counsel for the petitioner submits that the victim has denied medical examination of her private part and her age was assessed by the Medical Board is 18-20 years. Further submission is that there is only allegation against the petitioner is that he was willing to marry the victim girl forcefully. Moreover, the petitioner is languishing in judicial custody since 08.08.2024 having no criminal antecedent.

5. Learned counsel for the informant vehemently opposes the prayer of regular bail.

6. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Shankarpur P.S. Case No. 108 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-1st, Madhepura.

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