Krishna Kumar @ Krishan Kumar Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85408 of 2024 Arising Out of PS. Case No.-996 Year-2024 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Krishna Kumar @ Krishan Kumar Paswan Son of Shyam Paswan Resident of Village- Rasulpur Salim, P.S.- Ahiyapur, District- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Yugal Kishore For the Opposite Party/s :
Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 05-05-2025 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 137(2), 96, 98, 3(5) of the Indian Penal Code.
3. The allegations made in the First Information Report is that the petitioner along with the others entered into the house of the informant while all the family members were sleeping, kidnapped the daughter of the informant by making her unconcious and took her away in a car.
4. Learned counsel for the petitioner submits that the allegations leveled in the F.I.R. are totally false and as a matter of fact, the victim girl, who is the daughter of the
Patna High Court CR. MISC. No.85408 of 2024(3) dt.05-05-2025 2/3 informant is in a love relationship with the petitioner and she is also an adult. It is further submitted that it was actually the victim girl, who had called the petitioner and had gone with him voluntarily without any threat or coercion. After recovery, the statement of of the victim girl has been recorded under Section 183 of the B.N.S.S., wherein she has categorically stated that she had called the petitioner over telephone and had gone along with him to the temple and when she returned on the next day to her house, she found out that a case was lodged. She has made a specific averment that no one forced her and she had gone with the petitioner on her own sweet will.
5. Learned APP for the State opposes the prayer for anticipatory bail application.
6. Considering the above facts and circumstances, let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Muzaffarpur, in connection with Ahiyapur P.S. Case No.996 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal
Patna High Court CR. MISC. No.85408 of 2024(3) dt.05-05-2025 3/3 Procedure/Section 482 (2) of the B.N.S.S., 2023 and subject to the further condition that the petitioner shall co-operate in the investigation/trial.
(Soni Shrivastava, J) sharun/- U T